HomeMy WebLinkAboutOrdinance - 2009-O0016 - Amending Ch. 9 - Adding Sec. 9-50 And 9-52, Allowing For Liens - 03/05/2009First Reading
February 26, 2009
Item No. 6.8
ORDINANCE NO. 2009-00016
Second Reading
March 5, 2009
Item No. 6.3
AN ORDINANCE AMENDING CHAPTER 9 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS BY ADDING ARTICLE
V, SECTIONS 9-50 TO 9-52 OF THE CODE OF ORDINANCES OF THE CITY
OF LUBBOCK PROVIDING FOR THE IMPOSITION OF A LIEN ON REAL
PROPERTY, OTHER THAN HOMESTEAD PROPERTY OR RENTAL
PROPERTY, FOR DELINQUENT MUNICIPAL UTILITY BILLS FOR UTILITY
SERVICE TO THE PROPERTY PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
WHEREAS, Section 402.0025 of the Texas Local Government Code gives
municipalities the authority by ordinance to impose a lien on certain owner's property for
delinquent municipal utility bills for service to the property; and
WHEREAS, Lubbock Power & Light is the municipally owned public power
utility of the City of Lubbock that provides retail electric service within its certificated
territory; and
WHEREAS, the City of Lubbock also provides water and sewer utility service to
properties within the municipal boundaries of the City of Lubbock; and
WHEREAS, the City of Lubbock experiences at times owners of real property
who fail to pay for electric, water and/or sewer utility service provided by the City of
Lubbock and Lubbock Power & Light; and
WHEREAS, the Electric Utility Board of the City of Lubbock has reviewed the
proposed ordinance and deems it to be in the best interest of Lubbock Power & Light and
to improve the efficiency and competitiveness of Lubbock Power & Light and
recommends passage of this ordinance by the City Council of the City of Lubbock; and
WHEREAS, the City Council of the City of Lubbock deems it to be in the best
interest of the citizens of the City of Lubbock to have the ability to impose a lien on
eligible properties as a means of securing payment of delinquent utility bills for electric,
water and/or sewer utility service; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
SECTION 1: THAT Article V, Section 9-50 through 9-52, of Chapter 9 of the
Code of Ordinances, City of Lubbock, Texas, is hereby added to read as follows:
Section 9-50. Utility Lien Imposed.
(a) Subject to the provisions contained in this Article and
pursuant to state law, the City of Lubbock is authorized to impose a lien
on real property owned by any customer of the City's electric, water
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and/or sewer utility service when such customer has failed to pay for the
utility service provided:
(b) Any lien authorized by this Article shall include all
delinquent charges for utility service, penalties, interest, fees and
collection costs.
(c) Any lien authorized by this Article shall be perfected by
recording in the real property records of Lubbock County a notice of lien
in a form approved by the City Attorney or the General Counsel of
Lubbock Power & Light duly executed by the City Manager or the
Director of Electric Utilities. The notice of lien shall contain a legal
description of the real property and the utility's account number for the
delinquent charges.
(d) Any lien authorized by this Article shall not apply to the
following:
(1) Homestead property;
(2) Any bills for utility service connected in a tenant's name
after the appropriate City of Lubbock utility department has
received notice from the property owner that the property is rental
property; or
(3) Any bills for utility service connected in a tenant's name
prior to the effective date of this ordinance.
(e) The lien authorized by this Article shall be inferior to a
bona fide mortgage lien that is recorded before the recording of the City's
utility lien in the real property records of Lubbock County. The lien
authorized by this article is superior to all other liens, including, "without
limitation, previously recorded judgment liens and any lien recorded after
the City's lien.
Section 9-51. Release of Lien
The City Manager or the Director of Electric Utilities shall have
the authority to release any lien imposed in accordance with this Article
when all delinquent charges for utility service, penalties, interest, fees and
collection costs have been fully paid. The release shall be in a form
approved by the City Attorney or the General Counsel of Lubbock Power
& Light and shall be duly executed by the City Manager or the Director of
Electric Utilities and recorded in the real property records of Lubbock
County.
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Section 9-52. Rights Cumulative and Non -Exclusive
The authority and rights granted in this Article are cumulative to
any and all legal rights and remedies, methods of collection and/or
security available to the City of Lubbock under common law, statutory
law, the City's charter or code of ordinances. Nothing contained herein
shall limit the authority of the City of Lubbock to refuse utility service
when delinquent utility charges exist.
Section 2: THAT the City Council finds and declares that sufficient written
notice of the date, hour, place and subject of this meeting of the Council was posted at a
designated place convenient to the public at the City Hall for the time required by law
preceding this meeting, that such place of posting was readily accessible at all times to
the general public, and that all of the foregoing was done as required by law at all times
during which this Ordinance and the subject matter thereof has been discussed,
considered and formally acted upon.
The City Council further ratifies, approves and confirms such written notice and
the contents of posting thereof.
SECTION 3: THAT should any paragraph, sentence, clause, phrase, or word of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of
this Ordinance shall not be affected thereby.
SECTION 4: THAT the City Secretary is hereby authorized and directed to
cause publication of the descriptive caption of this Ordinance as an alternative method of
publication provided by law.
AND IT IS SO ORDERED
Passed by the City Council on the first reading on this 26th day of February , 2009.
Passed by the City Council on the second reading on this 5th day of March , 2009.
ATTEST:
Tom Martin, Mayor
Rebee - t
a Garza, City Secretary
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APPROVED AS TO CONTENT:
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Lee Dumbauld, City Manager
APPROVED AS TO FORM:
Matthew L. Wade, General Counsel — LP&L
mw/ccdocs/Lubbock Utility Lien Ordinance final 022609
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