[R.O. 1992 § 705.270; Ord. No. 8032 §§ 1—2, 11-4-1996]
District sewers shall be established
within the limits of the districts prescribed by ordinance, and shall
connect with public sewers or other district sewers, or with the natural
course of drainage, as each may be. Such districts may be subdivided,
enlarged or changed by ordinance at any time prior to the construction
of the sewer therein, and more than one (1) district sewer may be
laid in the sewer district if deemed necessary by the Council for
sanitary or other purposes. The Council shall cause sewers to be constructed
in each district whenever a majority of the property owners resident
therein shall petition therefor, or whenever the Council shall deem
such sewers necessary for sanitary or other purposes.
[R.O. 1992 § 705.280; Ord. No. 8032 §§ 1—2, 11-4-1996]
After any sewer district has been
established, the limits thereof fixed and the construction of sewers
therein ordered by ordinance, and before any contract shall be entered
into for the construction of district sewers therein, an estimate
of the cost thereof shall be made by the City Engineer and submitted
to the Council. No contract shall be entered into for the construction
of any sewer for a price exceeding such estimate without prior Council
approval.
[R.O. 1992 § 705.290; Ord. No. 8032 §§ 1—2, 11-4-1996]
District sewers shall have all the
necessary laterals, inlets, manholes and other appurtenances, and
shall be of the dimensions and materials as may be prescribed by ordinance.
[R.O. 1992 § 705.300; Ord. No. 8032 §§ 1—2, 11-4-1996]
As soon as any district sewer shall
have been completed, the Engineer shall compute the whole cost thereof
and shall apportion the same against the lots or pieces of ground,
exclusive of improvements, in proportion to the area of the whole
district, exclusive of the public highways, and shall report the same
to the Council.
[R.O. 1992 § 705.310; Ord. No. 8032 §§ 1—2, 11-4-1996]
When the bill for the construction
of a district sewer has been reported by the Engineer to the Council,
the Council shall, by ordinance, levy and assess a special tax against
each lot or piece of ground within the district in the name of the
owner thereof, whereupon the City Clerk shall make out a certified
tax bill under the Seal of the City of such assessment against each
lot or piece of ground in the district in the name of the owner thereof.
[R.O. 1992 § 705.320; Ord. No. 8032 §§ 1—2, 11-4-1996]
The certified tax bill shall be signed
by the Mayor and attested and recorded by the City Clerk and shall
be delivered to the contractor for the work, who shall proceed to
collect the same by ordinary process of law, in the name of the City,
to his/her own use, and in case of absent owners, he/she may sue by
attachment or by any other process known to the law; and every such
certified bill shall be a lien against the lot or ground described
therein, and shall bear interest in annual installments as follows:
one-tenth (1/10) in one (1) year, one-tenth (1/10) in two (2) years,
one-tenth (1/10) in three (3) years, one-tenth (1/10) in four (4)
years, one-tenth (1/10) in five (5) years, one-tenth (1/10) in six
(6) years, one-tenth (1/10) in seven (7) years, one-tenth (1/10) in
eight (8) years, one-tenth (1/10) in nine (9) years, one-tenth (1/10)
in ten (10) years after the date of their issue, and tax bills shall
bear interest not to exceed the rate on ten-year United States Treasury
notes as established at the most recent auction, payable annually,
from sixty (60) days after the date of issue until paid, and shall
provide that if any annual installment, or the interest thereon, is
not paid when due, then all of the remaining installments shall, at
the option of the holder of the tax bill, become immediately due and
payable, provided that the owner of property charged with the payment
of the tax bill, or the owner of any interest therein, shall have
the privilege of paying the whole of any tax bill in full at any time,
or on any annual installment payment date of paying in full one (1)
or more of the remaining installments not of maturity date. Every
such certified bill shall, on action brought to recover the amount
thereof, be prima facie evidence of the regularity of the proceedings
for such special assessment of the validity of the charges against
the property therein described and the liability of the person therein
described as the owner of such property.
[R.O. 1992 § 705.330; Ord. No. 8032 §§ 1—2, 11-4-1996]
All special tax bills issued for
special assessments for the construction of district sewers shall
be assignable and collectable in any action brought in the name of
the City to the use of the holder thereof, but the City shall not
in any event be liable for any costs that may accrue in such action.
Upon the assignment of any tax bill issued under the provisions of
this Article, notice thereof shall be given the City Clerk, who shall
enter the assignment or transfer in the record of special assessments
and endorse the same on the back of the tax bill. Any contractor to
whom such tax bill is issued, or his/her assignee, shall designate
in writing to the City Clerk some person in the City where the payment
may be made or offered to be made on such tax bills.
[R.O. 1992 § 705.340; Ord. No. 8032 §§ 1—2, 11-4-1996]
Whenever any owner of property against
whom a special tax bill shall have been issued, shall pay the same,
the contractor shall endorse thereon a receipt for the amount paid
and deliver such special tax bill so endorsed to the party making
such payment, together with a certificate addressed to the City Clerk,
stating that such tax bill has been paid, and the owner of the property
described in such tax bill shall be entitled to have satisfaction
thereof entered on the register of special assessments for improvements
by the City Clerk, and the City Clerk shall also certify that such
satisfaction has been entered on the back of such tax bill.
[R.O. 1992 § 705.350; Ord. No. 8032 §§ 1—2, 11-4-1996]
The City shall incur no liability
for building district sewers, except where the City is the owner of
a lot or tract of ground within the district, and in that case shall
be liable for the cost of the sewer in the same manner as other property
holders in the district.
[R.O. 1992 § 705.360; Ord. No. 8032 §§ 1—2, 11-4-1996]
The repairs, cleaning and other incidental
expenses of district sewers shall be paid out of the general appropriation
for that purpose.
[R.O. 1992 § 705.370; Ord. No. 8032 §§ 1—2, 11-4-1996]
No sewer shall run diagonally through
private property when it is practicable without injury to such sewer
to construct it parallel with one of the exterior lines of such property;
nor shall any sewer be constructed through a street or public highway.
The Council shall have the power to condemn property for public use,
occupation or possession in the construction and repair of public,
district, or private sewers, in the same manner as other property
is condemned in the City for public use.
[R.O. 1992 § 705.380; Ord. No. 8032 §§ 1—2, 11-4-1996]
All work done under the provisions
of this Article shall be carried on under the direction and supervision
of the City Engineer, and shall be done in accordance with the estimate,
plans and specifications on file in the office of the City Engineer,
and the contract and ordinances governing the same.
[R.O. 1992 § 705.390; Ord. No. 8032 §§ 1—2, 11-4-1996]
The City Engineer shall prepare from
time to time the necessary rules and regulations for the proper control
and regulation of the sewers, sewer connections, plumbing and appurtenances
incident thereto, and report the same to the Board of Public Works
and the City Council for their approval of the same.
