Laserfiche WebLink
<br />City Engineer shall also prepare a written estimate of the total cost of extending the <br />alternative sewer collector. <br /> <br />(4) The City Council shall review the City Engineer's findings, shall <br />determine if the conditions stated in paragraph (2) have been met, and shall <br />determine if the City has funds available to extend the alternative sewer collector. <br /> <br />(5) If the City Council approves the request, the City shall extend the <br />alternative sewer collector, subject to the following terms and conditions: <br /> <br />(a) The owner or owners of the structure shall agree to pay one-half <br />(1/2) of the total actual cost of extending the sewer collector. The <br />actual cost shall be determined following construction of the <br />alternative sewer collector by the City and shall include all costs of <br />construction, materials, labor, right-of-way, and other costs <br />associated with said construction. Unless an assessment of the <br />owner's one-half (1/2) share of the cost is approved by the City <br />Council as provided herein, the owner shall deposit with the City <br />prior to initiating the project an amount equal to one-half (112) of <br />the Engineer's estimate of the cost of the project. Following <br />completion of the project, an adjustment shall be made, and the <br />owner shall pay any additional amounts owed or shall be reimbursed <br />by the City for any excess amounts deposited, based on the actual <br />cost of the project. <br /> <br />(b) At the discretion of the City Council, the one-half (1/2) share of the <br />cost of extending the collector may be collected by the City as an <br />assessment on the property, payable as part of the owner's water <br />and sewer bill in equal monthly installments for a period of time not <br />to exceed seven (7) years, at an interest rate established by the City <br />Council not to exceed ten percent (10 %) per year. <br /> <br />( c) The owner or owners shall execute a contract, in a form created by <br />the City Attorney, establishing the terms and conditions of said <br />contractual assessment. <br /> <br />(d) By the terms of the contract, the contractual assessment against the <br />benefitted property shall be collectable with interest, cost of <br />collection, and reasonable attorneys' fees. The assessment shall be <br />a first and prior lien on the assessed property and the lien shall take <br />effect on the date of the execution of the contract by the City and the <br />owner. The contractual lien shall be superior to any and all other <br />liens or claims except a duly filed and perfected purchase money <br />lien, mechanics lien, or other state, county, school district, or <br />