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Agenda - 04-12-2007-4
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Agenda - 04-12-2007-4
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8/29/2008 3:47:13 PM
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BOCC
Date
4/12/2007
Document Type
Agenda
Agenda Item
4
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Minutes - 20070412
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\Board of County Commissioners\Minutes - Approved\2000's\2007
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31 <br />Sec. 82. Lien affixed for water and sewer service. <br />(1) In addition tb any other powers and authority heretofore granted by general <br />law, local act or this charter, the city council is hereby authorized and empowered <br />to provide water service or sewer service or both such services to property, <br />within or without the corporate limits, abutting existing city water or sewer mains <br />or the right-of-way thereof and affix a lien to the property for the cost of providing <br />this service. <br />(2) The authority granted by this section shall be exercised only upon petition by <br />the owner or owners of such abutting property. Such petition shall be upon a <br />form. approved by the city council and shall contain: <br />(a) A description of the service or services requested; and <br />(b) A description of the property to be served; and <br />(c) The anticipated cost of furnishing such services; and <br />(d) .The term of payment by such property owner for the costs incurred <br />by the city in furnishing such service, including but not limited to, the <br />number of installments in which payment shall be made and the interest <br />rate to be applied to any unpaid balance; and <br />(e) Such other information as may be required by the city council. <br />(3) The city council may approve or deny any such petition submitted. If any <br />such petition shall be approved by the city council, the city clerk shall mark upon <br />the face of such petition such words as shall indicate such approval by the city <br />council, and the date and time of the approval. <br />(4) From and after approval of any petition submitted pursuant to this section, a <br />lien in favor of the city shall exist upon the property described in such petition for <br />the amount stated in such petition as the anticipated cost of furnishing such <br />service. Such lien shall be inferior to all prior and subsequent federal, state and <br />county tax liens of record but superior to all others. This lien may be collected by <br />foreclosure in the same manner as provided by law for the foreclosure of liens for <br />special. assessments. Any foreclosure proceeding instituted pursuant to this <br />section shall be deemed a proceedingin rem and no mistake or omission as to <br />the name of any owner or person interested in any lot or parcel of land affected <br />thereby shall be regarded a substantial mistake or omission. No change of <br />ownership shall affect any lien created pursuant to this section. <br />(5) Payment of the anticipated costs of providing service shall be as prescribed <br />by the terms of the petition approved by the city council. If any installment <br />payment due and payable under the terms of the approved petition shall be <br />unpaid for a period of thirty (30) days or more, then all subsequent installment <br />payments shall become due and payable and proceedings as set forth in <br />subsection (4) herein may be instituted. <br />(6) If the city council shall determine that the actual costs of furnishing the <br />services provided for in any approved petition shall have exceeded the amount <br />originally stated in such petition as the anticipated costs of providing such <br />services, the city council may, by resolution, amend the approved petition to set <br />
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