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Session Laws, 1979
Volume 737, Page 2061   View pdf image
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HARRY HUGHES, Governor

2061

the [commission] BOARD for benefits levied against the
property for water[,] OR sewerage[, or drainage]
construction shall be set aside as a separate fund to be
known and designated as the front foot benefit assessment
fund.

(b)    The [commission] BOARD, for the purpose of
assessing benefits, shall divide all properties binding upon
a street, road, lane, alley, or right of way, in which a
water pipe or sanitary sewer is to be laid, into four
classes, namely: [Agricultural] AGRICULTURAL, small acreage,
industrial or business, and residential, and the
[commission] BOARD may subdivide each of these classes in
such manner as it deems to be in the public interest.
Whenever any water [supply] or sewerage project in the
[sanitary district] SERVICE AREA has been completed and
declared ready for service, the [commission] BOARD shall fix
and levy an assessment for the remainder of the fiscal year
on a pro rata basis upon all property in the [district]
SERVICE AREA abutting upon the water main or sewer, in
accordance with the classification or subdivision thereof;
and it shall in writing notify all owners of [said] THE
properties into which class and subdivision their respective
properties fall and the charge determined upon, naming also
in the notice a time and place, when and at which time the
owner will be heard. Such notice may be mailed to the last
known address of the owner, or served in person upon any
adult occupying the premises or in case of a vacant or
unimproved property, posted upon the premises.

(c)    The classification of and the benefit assessment
made against any property by the [commission] BOARD is
final, subject only to revision at the hearing. The
[commission] BOARD may change the classification of
properties from time to time as the properties change in the
uses to which they are put. The benefit assessment shall be
levied for water supply[,] AND sewerage [and drainage]
construction, and shall be based for each class of property
upon the number of front feet abutting upon the street,
lane, road, alley, or right of way in which the water pipe
or sewer is placed; provided, however, that in the case of
any irregular shaped lot abutting upon a road, street, lane,
alley, or right of way in which there is or is being
constructed a water [main,] OR sewer [or drainage] system at
any point, the lot shall be assessed for such frontage as
the [commission] BOARD may determine to be reasonable and
fair; and provided further[,] that no residential property
may be assessed on more than one side unless it abuts upon
two parallel streets, that corner lots may be averaged and
assessed upon such frontage as the [commission] BOARD may
deem reasonable and fair, and that all lots in the
residential and industrial or business classification shall
be assessed even though a water main or sewer may not extend
along the full length of any boundary; and provided further,
that no land classified as agricultural by the [commission]
BOARD shall be assessed a front foot benefit when it has
constructed through it or in front of it a sewer or water

 

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Session Laws, 1979
Volume 737, Page 2061   View pdf image
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