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10&11-A Cope Assessment
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October 04, 2001
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10&11-A Cope Assessment
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Last modified
11/8/2005 11:23:47 AM
Creation date
10/1/2001 8:59:50 PM
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AGENDA
Item Number
10 and 11-A
AGENDA - Type
ORDINANCE
Description
Cope Sewer Extension Assessment
AGENDA - Date
10/4/2001
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method is described in Exhibit A, attached hereto. <br /> <br /> Section 10. That the amount of assessment for each property under this ordinance shall be <br />and is hereby set out in Exhibit A, attached hereto and for all purposes incorporated herein, and said <br />amount is hereby declared and ordered to be assessed against the individual properties and property <br />owners described in Exhibit A hereto. <br /> <br /> Section 11. That the aforesaid assessment shall be due and payable in eighty-four (84) equal <br />monthly payments due and payable as an additional charge to the water bill of each property served <br />under the project, or individually billed by separate monthly statement at the City's choice, provided <br />no monthly payment for said assessment shall be less than twenty-five dollars ($25.00), and provided <br />further that if said payments shall be made on a timely basis, then no interest shall be assessed thereon. <br /> <br /> Section 12. That in order for such payment of said assessment to be timely made payment <br />must be made in accordance with the requirements for timely payment of the accompanying water <br />bill (or in the case of a prior disconnection of the water service thereto or otherwise at the City's <br />choice, payment of a regular monthly statement forwarded to the property owner on the same basis <br />as a monthly water bill), and in the event of a failure to make timely payment, then the City may <br />assess interest in an amount not to exceed 10% per annum against any payment in arrears beginning <br />ten (10) days after the payment is due. Such penalty and interest to be payable in addition to any and <br />all other remedies under state law which the City may invoke as the result of non-payment of the <br />aforesaid assessment. <br /> <br /> Section 13. That, in addition to imposing penalties and interest as provided herein, in the <br />event that assessments are not timely paid, the City may pursue foreclosure of any lien claimed or <br />filed against the property as provided herein or pursuant to state law; may pursue as a personal <br />liability against the owner of said property at the time the assessment is made the cost of recovery of <br />said assessment, by bringing an action in a court having lawful jurisdiction over such matters; may <br />pursue sale of the assessed property in the manner provided by state law or the City Charter in the <br />same manner as the City may sell property for municipal property taxes; or the City may refuse to <br />connect or may disconnect water or sewer service to a parcel of benefitted property during the period <br />in which there is a default in the payment of the amount assessed; or the City may refuse water or <br />sewer service to the owner of such property until the owner pays the City the assessment made <br />against the property. All assessments hereunder are collectable with interest, cost of collection, and <br />reasonable attorneys fees. <br /> <br /> Section 14. That the City Council does hereby authorize at the City Manager's discretion the <br />issuance in the name of the City of assignable certificates as evidence of the assessments levied <br />hereunder, thereby declaring a lien on the property and the personal liability of the owners, whether <br />named correctly or not, against whose property such assessment is made. The terms and conditions <br />of the certificates hereby authorized shall be the same as those terms and conditions set out herein <br />for payment of the assessment. Any certificates so issued shall substantially state that the required <br />proceeding relating to the project and the improvements referred to in the certificate has been held <br />in compliance with state law and all prerequisites to the fixing of an assessment lien against the <br /> <br />-5- <br /> <br /> <br />
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