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(a) Authority. The city is authorized, in accordance with the provisions of Article 402.0025, Texas Local Government Code, to perfect the lien upon property which occurs as provided in Section 49-12, for the purpose of securing the payment of delinquent charges incurred as a result of service to the property. This section shall not apply to delinquent charges for service where a tenant is the customer of record, if the owner of the property served has sent notice to the director that the property is rental property.
(b) When lien is perfected. The lien may be perfected only when charges incurred by a customer for service become delinquent and when the director determines that other means for fully collecting the delinquency are inadequate or unavailable.
(c) Form of the lien. Upon request of the director, the form of the lien must be prepared by the city attorney. The form must contain:
(1) a statement indicating the purpose of the lien;
(2) the address of the property which is the subject of the lien, where the address is ascertainable;
(3) a complete legal description of the property which is the subject of the lien; and
(4) the amount of delinquent charges, including penalties, interest and collection costs, if any, incurred upon the property as of the date of execution of the lien.
(d) Execution and recording. The lien must be:
(1) executed by the city manager 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.
(e) Priority of lien. The lien is superior to all other liens except a bona fide mortgage lien recorded prior to the recording of the city’s lien in the deed or lien records of the county in which the property is located.
(f) Additional charges; correction lien. Should additional delinquent 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 delinquent 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.
(g) Suit to foreclose. The city attorney, at the request of the director, may file suit to judicially foreclose the lien in a state court of competent jurisdiction. The suit may not be filed earlier than 60 days after the recording date of the lien.
(h) Release of lien. Upon certification by the director that all delinquent charges which existed against the property have been fully paid, the city manager is authorized to execute a release of the lien. The release shall be prepared and approved as to form by the city attorney and shall be duly acknowledged. After execution, the director must immediately file the release in the deed or lien records of the county in which the property is located.
(i) 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. This section does not affect the director’s authority to refuse or to furnish service when delinquent charges exist. (Ord. Nos. 19201; 20215; 20653)
(a) Form of notice. Prior to recording of the water lien, the director shall send notice, by certified mail, return receipt requested, that a lien will be fixed on the property in accordance with law. The notice must provide a time, place and means by which the charges causing the lien may be paid or disputed. The notice must be sent to:
(1) the customer in whose name the account for service to the property exists; and
(2) the last known record owner of the property according to the tax rolls of the city, if the customer is not the owner.
(b) Absence of notice. Absence of receipt of notice does not affect the enforceability of a lien perfected under Section 49-13. (Ord. Nos. 19201; 19622)
(a) When notice given. The customer, or the owner of property served, must notify the director within three days after the occurrence of:
(1) any total vacancy in the property served;
(2) any change in ownership, whether by sale, foreclosure, business reorganization or otherwise; or
(3) any occupancy of previously vacant property.
(b) Failure to notify. Failure to give notice in accordance with Subsection (a) shall render the owner and the customer, if he is not the owner, jointly and severally liable for all charges due against the property. Upon receipt of notice under Subsection (a)(1) or (a)(2), the director shall prepare a final bill for the account. (Ord. 19201)
(a) Use without consent. A person commits an offense if, where water is furnished to any premises, the person knowingly takes water from any faucet or water connection on the premises without first securing the consent of, and making arrangements with, the owner of the premises or the customer in whose name the account exists. This section does not apply to a person employed by the city who is engaged in work of an emergency nature in his official capacity as a city employee.
(b) Use without application. A person commits an offense if he knowingly diverts or uses water from any part of the water system without making application and without receiving the director’s consent to use a service. Absence of an account for service on file with the department constitutes prima facie proof of the lack of the director’s consent to use a service.
(c) Defense. It is a defense to prosecution under Subsection (b) of this section if the person uses service pursuant to an approved application request by telephone under Section 49-3. (Ord. Nos. 19201; 20215)
(a) General contract authority. The director is authorized to provide service without the necessity of city council approval except for:
(1) a contract for noninterruptible untreated or treated water service which is for a fixed term of longer than three years;
(2) a wholesale service contract involving a governmental entity;
(3) a contract by which the city receives water or wastewater service; and
(4) any service contract otherwise required by state law, city charter, or other provisions of this chapter, to be approved by city council.
(b) Consideration. The consideration received by the city for a service contract must be based on the rates prescribed in this chapter. However, the city council may approve a special-rate contract for wholesale water or wastewater service where it determines rates in this chapter to be discriminatory or unreasonable under the circumstances. (Ord. 19201)
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