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Session Laws, 1957
Volume 640, Page 365   View pdf image (33K)
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Theodore R. McKeldin, Governor                    365

said system and which contribution the Commission has determined
to be a factor in the cost to the Commission of such system, the Com-
mission may, in its discretion, levy a front foot assessment less than
the uniform front foot assessment levied in the remainder of the sub-
district in which said system is located. The amount of the charge
per front foot for each class of property for both water mains and
sewers may be reduced from time to time by the Commission in its
discretion, if costs and conditions are deemed by it to justify such
reduction. Said benefit charge shall be paid annually by all proper-
ties located as above specified, for a period of years co-extensive with
the period of maturity of the bonds out of the proceeds of which such
construction was done. The Commission shall at any time permit a
connection with a water main or sewer by the property owner whose
property does not abut on said water main or sewer and who has not
previously thereto paid a benefit charge for the construction of said
water main or sewer, provided, said Commission shall classify said
property and determine a front foot charge to be paid by said prop-
erty owner as though his or her property abutted upon said water
main or sewer; and in the event of such connection being made, said
property owner and said property as to all charges, rates and benefits
shall stand in every respect in the same position as if the said prop-
erty abutted upon a water main or sewer. Said benefit charge shall
be payable at the office of the Commission immediately upon being
levied, and shall be overdue and in default after sixty days from that
day, at which time the Commission may proceed to enforce payment
thereof; and the said benefit charge and any judgment or decree
obtained as a result of default in payment thereof shall bear interest
at the rate of one-half per centum per month from and after the time
said benefit assessment or other charges are in default. The annual
benefit assessment or other charges as above specified shall be a first
lien upon the property against which they are assessed until paid,
any statute of limitations to the contrary notwithstanding, subject
only to prior State and County taxes. And if any property be sold
for State or County taxes, or both, by the Treasurer of said County,
and if after sale there be a surplus after all costs and expenses in-
cident to such sale shall have been paid; then the said Commission
upon proper petition to the Circuit Court for said County shall be
allowed any balance from said surplus, and shall be a preferred
lienor to the extent of its lien, and for the purpose of giving notice
to the general public as to existing liens and charges against any
property within any sub-district abutting upon any water or sewer
main, the said Commission shall keep a public record of all names of
owners of property, locations of said property, lot numbers when of
record, and the amount of such benefit charges, water service charges
or such other charges that may become liens from time to time. Said
records shall be kept in the county seat of government and among the
land records of Howard County, and the Clerk of the Circuit Court
for said County shall furnish such space as may be necessary to keep
and preserve such records, which, when published, in said public
record, shall be legal notice of all existing liens within any sub-
district. If any liens, benefit assessments or other charges remain
unpaid for sixty days after becoming due, they may be collected by
an action of assumpsit or by a bill in equity to enforce such liens, and
any judgment or decree obtained, where the defendants have been
served by summons or subpoena, or in any other manner provided
by law, shall have the force and effect of a judgment in personam;

 

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Session Laws, 1957
Volume 640, Page 365   View pdf image (33K)
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