§ 13.16.080. Lien for utility services.

A.

A lien is imposed upon real property in the city to secure the payment of delinquent bills, including penalties, interest and collection costs, for municipal utility service to the property.

B.

The lien imposed by subsection A of this section arises at the time a notice of lien is filed in the real property records of the county. The notice of lien must contain a legal description of the real property and the utility's account number for the delinquent charges. The city manager or an administrative assistant to the city manager or the supervisor of the utility department to which the delinquent bill is owing is authorized to file the notice. On the filing of the notice of lien, the lien continues until the liability is satisfied or becomes unenforceable by reason of lapse of time.

C.

The lien imposed by subsection A of this section is inferior to a bona fide mortgage lien that is recorded in the real property records of the county, before the filing of the notice of lien, but is superior to all other liens, including previously recorded judgment liens and any subsequently recorded liens.

D.

When an official of the city authorized to file a notice of lien finds that the liability has been satisfied or is no longer enforceable by reason of the lapse of time, upon request of the property owner the official shall deliver a certificate releasing the lien to the property owner. A recorded certificate releasing the lien, signed by an authorized official of the city, is conclusive evidence that the lien is extinguished.

E.

The lien imposed by subsection A of this section does not:

1.

Attach to homestead protected as such by the Texas Constitution;

2.

Apply to bills for service connected in a tenant's name after notice by the property owner to the city that the property is rental property;

3.

Apply to bills for service connected in a tenant's name prior to February 13, 1990.

(Prior code § 25-102)