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Ord 2025-006 amending Chapter 86, Utilities, Article 5, Fees, Charges and Billing Procedures, Division 1, of the San Marcos City Code to allow for the placement of a municipal utility lien on certain properties, other than homestead property
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Ord 2025-006 amending Chapter 86, Utilities, Article 5, Fees, Charges and Billing Procedures, Division 1, of the San Marcos City Code to allow for the placement of a municipal utility lien on certain properties, other than homestead property
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3/25/2025 10:29:42 PM
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Amending
Number
2025-006
Date
3/18/2025
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property owner that the roperty is rental property with an account <br /> not in the owner's name. <br /> (e) The lien authorized by this section shall be inferior to a bona-fide <br /> mortgage lien that is recorded before the recording of the city's notice of lien in the <br /> Official Public Records of the county in which the real property associated with the <br /> unpaid utility account is located.To the extent permitted by law,the lien authorized <br /> by this section is superior to all other liens including without limitation,previously <br /> recorded judgment liens and any lien recorded after the cit y'sY lien. <br /> (f) The city manager or their designate shall have the authority to <br /> release any lien imposed in accordance with this section when all delinquent <br /> charges for utility service penalties interest and collection costs have been fully <br /> paid The release shall be in a form approved b the he city attorney and shall be duly <br /> executed by the city manager or their designee, and recorded in the Official Public <br /> Records of the county in which the lien was recorded. <br /> (g) The authority and the rights granted in this section are in addition to <br /> any and all legal rights and remedies methods of collection and/or security <br /> available to the city under common law, statutory law, the city's charter or <br /> ordinances. <br /> SECTION 2. If any word,phrase, clause, sentence, or paragraph of this ordinance is held <br /> to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this <br /> ordinance will continue in force if they can be given effect without the invalid portion. <br /> SECTION 3.All ordinances and resolution or parts of ordinances or resolutions in conflict <br /> with this ordinance are repealed. <br /> SECTION 4. This ordinance shall become effective upon adoption on second reading. <br /> PASSED AND APPROVED on first reading on March 4, 2025. <br /> PASSED,APPROVED AND ADOPTED on second reading on March 18, 2025. <br /> )an2ughsonQ'� <br /> Mayor <br /> ATTEST: APPROV <br /> w <br /> Elizabeth Trevino Samuel J. A irre <br /> City Clerk City Attorne <br />
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