HomeMy WebLinkAboutOrdinance 2766
ORDINANCE NO. 2766
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AN ORDINANCE AMENDING CHAPTER 23 OF THE NORTH RICHLAND
HILLS CODE OF ORDINANCES PROVIDING FOR DISCONTINUATION OF
CITY UTILITY SERVICE FOR NON-PAYMENT; AND FOR LIENS AGAINST
NON-HOMESTEAD PROPERTY FOR DELINQUENT PAYMENTS; AND
PROVIDING AN EFFECTIVE DATE.
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WHEREAS, Section 402.017, Texas Local Government Code, provides that home rule
10 municipalities may take necessary action to operate and maintain water systems
and may require water customers to pay charges imposed for water furnished;
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14 WHEREAS, Section 402.0025, Texas Local Government Code, provides for liens to be filed
against non-homestead property for unpaid City utility bills; and
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WHEREAS, current regulations do not provide for discontinuation of service prior to non-
18 payment nor for liens; NOW, THEREFORE,
20 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
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Section 1: THAT Sections 23-26 and 23-27 of the North Richland Hills Code of
24 Ordinances be amended to read as follows:
26 "Sec. 23-26. Delinquency, discontinuation of service, notice and reconnection
28 (a) All charges for services billed by the City utility department shall be due when billed
and delinquent twenty (20) days from the date mailed.
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(b) Service under this chapter to any customer will be discontinued after twenty-four (24)
32 days from the date of any bill containing a delinquent balance.
34 (c) Service under this chapter will be discontinued without notice for any ofthe following
reasons:
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(1) Failure to pay a delinquent account for utility services or failure to comply with
38 the terms of a deferred payment agreement;
40 (2) Payment with a check that has been returned for insufficient funds, closed
account or stop payment;
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(3) Failure to pay deposit;
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Ordinaoce No. 2766
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(4) Failure to pay charges for water or sewer service provided by another City to
2 a customer in this City;
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(5)
Failure to pay charges for sanitation service;
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(6)
Tampering with meter or bypassing;
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(7)
Reconnection by anyone other than an authorized City employee; or
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(8)
Unauthorized usage.
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(d)
Notices.
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A notice of delinquency will be sent after 24 days from the date of initial billing.
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(e)
Continuation or Reconnection.
18 Service shall not be continued or reconnected until all current and delinquent charges,
together with the penalties as established by this section, have been paid.
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Sec. 23-27. Liens
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( a) Except as provided in Subsections (b) and (c) herein, a lien is hereby established against
24 an owner's property, unless it is a homestead as protected by the Texas Constitution, for
delinquent bills for municipal utility service to the property.
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(b) The City's lien shall not apply to bills for service connected in a tenant's name after
28 notice by the property owner to the City that the property is rental property.
30 (c) The City's lien shall not apply to bills for service connected in a tenant's name prior
to the effective date of this ordinance.
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(d) The City's lien shall be perfected by recording in the real property records ofthe county
34 where the property is located a notice oflien containing a legal description ofthe property and
the account number for the delinquent charges. The lien shall include a penalty of $50.00,
36 interest at 8% annum, and collection costs.
38 (e) The City's lien is inferior to a bona fide mortgage lien that is recorded before the
recording of the lien provided for herein in the real property records of Tarrant County. The
40 lien herein is superior to all other liens, including previously recorded judgment liens and any
liens recorded after the lien provided for herein."
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Section 2:
This ordinance shall be in full force and effect immediately upon passage.
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Ordinn:lce No. 2766
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AND IT IS SO ORDAINED.
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Passed on the 12th day of January, 2004.
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CITY OF NORT RICHLAND HILLS
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Patricia Hutson, City Secretary
By:
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JPJ£O ¡AND LEGALITY:
George A. sbiP'le'flomey
APPROVED AS TO CONTENT:
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Ordinaoce No. 2766
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