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§ 31-35-601. Owner to Be Notified

In addition to the powers already had by municipalities, they have the following powers: When the governing body of a municipality having a public sewerage system deems it necessary for the protection of public health that owners of one or more premises connect their premises with the public sewer, thirty days’ notice in writing shall […]

§ 31-35-602. Resolution Adopted

The plans or specifications shall be filed in the clerk’s or engineer’s office, and a resolution shall be adopted by the governing body ordering or prescribing in general terms the contemplated sewerage connections, giving location of the premises and the name of the owner, and authorizing the clerk to advertise for bids. The advertisement for […]

§ 31-35-603. Cost of Connection Ascertained

The entire costs of all sewerage and water connections, closets, equipment pipe, sewer pipe, labor, and necessary engineering, legal, and publication expenses shall be ascertained by the governing body, including an additional amount of six percent for costs of inspection, collections, and other incidentals. The cost to each owner shall be determined according to the […]

§ 31-35-604. Work Accepted – Assessment – Certified Copy Filed – Lien

Upon the final completion of the work, the governing body shall accept the same by ordinance and provide for an assessment against the properties connected according to the rules of apportionment as provided in section 31-35-603. Each assessment shall be separately numbered. Thirty days after the last publication of said ordinance, a certified copy of […]

§ 31-35-605. Appropriation From General Fund

The governing body may make adequate appropriations from the general fund to defray such costs until such time as the taxes are received, and when received, the general fund shall be reimbursed to the amount of any such appropriation. Source: L. 75: Entire title R&RE, p. 1265, § 1, effective July 1. Editor’s note: This […]

§ 31-35-606. Assessments Payable – Proviso

The assessment shall be due and payable within thirty days after final publication of the assessing ordinance without demand; except that all assessments, at the election of the owner, may be paid in installments, as provided in section 31-35-608. Source: L. 75: Entire title R&RE, p. 1265, § 1, effective July 1. Editor’s note: This […]

§ 31-35-607. Payment in Installments Optional

Failure to pay the whole assessment within said thirty days shall be conclusively considered and held to be an election on the part of the persons interested, whether under disability or not, to pay in such installments. All persons so electing to pay in installments shall be conclusively held and considered as consenting to said […]

§ 31-35-608. Installment Payments – Due Date – Interest

In case of such election to pay in such installments, the assessment shall be payable in two or more equal annual installments of principal, the first of which installments shall be payable as prescribed by the governing body in not more than one year, with interest in all cases on the unpaid principal, payable semiannually, […]

§ 31-35-609. Default in Payment – Penalty

Failure to pay any installment, whether of principal or interest, when due shall cause the whole of the unpaid principal to become due and collectible immediately, and the whole amount of the unpaid principal and accrued interest shall thereafter draw interest at the rate of one percent per month or fraction of a month until […]

§ 31-35-610. Discount for Cash Payment

Payments may be made to the municipal treasurer at any time within thirty days of the final publication of the assessing ordinance, and an allowance of five percent shall be allowed on all payments made during such period, but not thereafter. At the expiration of the thirty-day period, the municipal treasurer shall return the local […]

§ 31-35-611. Payment of Assessments – Default – Sale

The county treasurer shall receive payment of all assessments on the assessment roll, with interest, and, in the case of default in the payment of any installment of principal or interest when due, shall advertise and sell any and all property concerning which such default is suffered for the payment of the whole of the […]

§ 31-35-612. Owner of Interest May Pay His Share

The owner of any divided or undivided interest in the property assessed may pay his share of any assessment upon producing evidence of the extent of his interest which is satisfactory to the treasurer having the roll in charge. Source: L. 75: Entire title R&RE, p. 1266, § 1, effective July 1. Editor’s note: This […]

§ 31-35-613. When Collections Paid to Municipality

All collections made by the county treasurer upon such assessment roll in any calendar month shall be accounted for and paid over to the municipal treasurer on or before the tenth day of the next month, with separate statements for all such collections for each improvement. Source: L. 75: Entire title R&RE, p. 1266, § […]

§ 31-35-614. Construction of Part 6

Nothing in this part 6 shall be considered as amending or repealing any other power the municipalities may have, but this part 6 confers additional powers of which the municipality may take advantage. Source: L. 75: Entire title R&RE, p. 1266, § 1, effective July 1. Editor’s note: This section is similar to former § […]

§ 31-35-615. Governing Body to Fix Rates and Charges

The governing body of any municipality or incorporated sewer or sanitary district may by ordinance fix such rates and charges for the connections with and use of the sewer or sewerage systems of said municipalities or districts as may be just, reasonable, and necessary, and it may provide the manner of levying and collecting such […]

§ 31-35-616. Revenue Kept in Separate Fund

The revenue derived from the connections with said sewer or sewerage systems shall be placed in the treasury of the municipality or district and may be kept in a separate fund. If the revenue is placed in a separate fund, it shall not be paid out or distributed except for the purpose of operating, renewing, […]

§ 31-35-617. Failure to Pay Rates and Charges – Lien

In the event any user of said sewerage system neglects, fails, or refuses to pay the rates and charges fixed by said governing body for the connection with and use of said sewer, said user shall not be disconnected from said sewerage system or refused the use of said sewer unless the user is outside […]

§ 31-35-618. Prior Rates and Charges Declared Valid

Any such rates and charges for the connections with and use of the sewer or sewerage systems of any municipality or incorporated sewer or sanitary district declared or established by ordinance of said governing body on or before May 1, 1957, are declared to be valid and are hereby ratified. Source: L. 75: Entire title […]

§ 31-35-619. Surplus Revenue Diverted to General Fund

The municipality may by ordinance divert to the general fund any surplus moneys in excess of the amounts reasonably required for the purpose of operating, renewing, improving, or extending the sewer system of any municipality. Source: L. 75: Entire title R&RE, p. 1267, § 1, effective July 1. Editor’s note: This section is similar to […]