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ORDINANCE NO. 2025-06 <br /> AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br /> MARCOS, TEXAS AMENDING CHAPTER 86, UTILITIES, ARTICLE 5, <br /> FEES, CHARGES AND BILLING PROCEDURES, DIVISION 1, OF THE <br /> SAN MARCOS CITY CODE TO ALLOW FOR THE PLACEMENT OF A <br /> MUNICIPAL UTILITY LIEN ON CERTAIN PROPERTIES, OTHER <br /> THAN HOMESTEAD PROPERTY, FOR WHICH THE OWNERS HAVE <br /> NOT PAID UTILITY BILLS AND RELATED CITY ASSESSMENTS; <br /> PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS; <br /> PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE <br /> DATE. <br /> BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br /> TEXAS: <br /> SECTION 1. Chapter 86, Utilities, Article 5, Fees, Charges and Billing Procedures, <br /> Division 1 of the San Marcos City Code is hereby amended to add a new Section 86.203,Municipal <br /> Utility Lien to read as set forth below. Added text is indicated by underlining. <br /> Sec. 86.203. Municipal utility lien for delinquent payments owing for <br /> municipal utility service and assessments. <br /> (a) Subject to the provisions contained in this section and pursuant to <br /> state law, the city is authorized to impose a lien on real property owned by any <br /> customer of the city's electric, water, wastewater, and drainage utilities and other <br /> city charges or assessments included with a customer's utility bill, when such <br /> customer has failed to pay for the utility service provided. <br /> (b) Any lien authorized by this section shall include all delinquent <br /> charges for utility service,penalties, interest, and collection costs. <br /> (c) Any lien authorized by this section shall be perfected by recording <br /> it in the Official Public Records of the county in which the real property associated <br /> with the unpaid utility account on a notice of lien, in a form approved by the city <br /> attorney, and duly executed by the city manager or their designee. The notice of <br /> lien shall contain a legal description of the real property and the utility's account <br /> number for the delinquent charges. <br /> (d) Provided however, any lien authorized by this section shall not <br /> apply to: <br /> (1) homestead real property; or <br /> (2) any bills for utility service connected to a tenant's name after the <br /> appropriate city utility department has received notice from the <br />