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Session Laws, 1965
Volume 676, Page 979   View pdf image (33K)
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J. MILLARD TAWES, Governor                      979

the uniform front-foot assessment levied in the remainder of the
sanitary 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 [com-
mission] 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 properties located as above specified, for a
period of years coextensive with the period of maturity of the bonds
out of the proceeds of which such construction was done. The
[commission] 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] Commission
shall classify said property and determine a front-foot charge to
be paid by said property 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 property abutted upon a water main or
sewer. Said benefit charge shall be payable at the office of the
[commission] Commission immediately upon being levied, and shall
be overdue and in default after sixty (60) days from that date of
levy, at which time the [commission] Commission may proceed to
enforce payment thereof; and the said benefit charge and any judg-
ment or decree obtained as a result of default in payment shall bear
interest at the rate of one half of one per centum (½%) 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 con-
trary notwithstanding, subject only to prior State and/or municipal
taxes; and if any property be sold for State and/or municipal taxes
or both and if after sale there is a surplus after all costs and ex-
penses incident to such sale shall have been paid, then the said
[commission] 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 sanitary district abut-
ting upon any water or sewer main, the said [commission] Com-
mission
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 the county or counties, in which said sanitary district
lies, and the clerk of the circuit court for said county or counties
shall furnish such space as may be necessary to keep and preserve
such records, which, when recorded in said public record, shall be
legal notice of all existing liens within any sanitary district. If
any liens, benefit assessments or other charges remain unpaid for
sixty (60) 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 subpoena or in any other manner provided by law, shall
have the force and effect of a judgment in personam; and the

 

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Session Laws, 1965
Volume 676, Page 979   View pdf image (33K)
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