ORD 620 01/13/2004 ORDINANCE NOLO C)
AUTHORIZING THE CITY OF CIBOLO TO
PLACE A LIEN AGAINST THE PROPERTY
OF ANY SEWER OR SOLID WASTE
CUSTOMER WHO IS MORE THAN SIX
MONTHS PAST DUE ON THEIR UTILITY
BILL.
WHEREAS, Texas Local Government Code Chapter 402.0025 authorizes a municipality to
place a lien against a utility customer's property for delinquent bills for municipal utility service
to the property; and
WHEREAS,homestead property is exempt; and
WHEREAS,the City Council has determined that it is necessary to provide for this lien through
the passage of an ordinance as authorized by state law.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF
CIBOLO:
1. The City of Cibolo shall impose a lien against an owner's property, unless it is a
homestead as protected by the Texas Constitution, for delinquent bill for utility service to
the property.
2. The City of Cibolo shall perfect the lien by recording in the real property records of the
county a notice of lien containing a notice of lien containing a legal description of the
property and the utility's account number for the delinquent charges.
3. The City of Cibolo's lien shall include penalties,interest, and collection costs.
4. The City of Cibolo's lien is inferior to a bonafide mortgage lien,however, the City's lien
is superior to all other lien's including previously recorded judgment liens and any liens
recorded after the municipality's lien.
5. The City of Cibolo shall impose said lien only if:
(a) Notice of delinquency to the customer has been given at least twice including
notification that the City has the authority to impose a lien; and
(b) That the utility customer's account is over six months past due.
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Said ordinance passed and approved this )L day of L_V)..11t cols, , 2004.
Mare /./),
Mayor
City of Cibolo