Article 5 Sewer Improvements

City Charter Article

Section 9-501 Assessment District; Remonstrances.

When the Council has declared its intention to construct a sewer or sewer system and has fixed the boundaries of the assessment district to be benefitted and assessed therefor, the Auditor shall mail notice of such intention to the property owners within the proposed district, in accordance with procedures prescribed by ordinance.  The procedures shall provide that an owner of any property within the proposed assessment district or such owner's agent who files proof of their authority, may file with the Auditor a written remonstrance against the proposed sewer or the plans therefor, and the Council, upon hearing the remonstrance, may discontinue proceedings in the matter.  The period for filing of written objections or remonstrances shall be set by ordinance but shall not exceed sixty days from the date notice is mailed.  The Council, however, may overrule any and all remonstrances and may order the improvement.  The Council also may require changes in the proposed plans or changes in the boundaries of the proposed assessment district, and declare by resolution its intention to proceed on the revised basis.  Such resolution shall be published and remonstrance period given as in the first instance.  The improvement shall conform substantially to the plans and specifications adopted by the Council.  [New sec. Nov. 8, 1966; am. Nov. 3, 1992; amended by Ordinance No. 190204, effective December 18, 2020.]

Section 9-502 Joint Construction with County.

The Council may take action and proceedings for the construction of any sewer or drain jointly with any County; may levy and collect special assessments of benefits therefor; may enter into an agreement or agreements with any county for the construction, maintenance and use of sewers or drains and paying the cost thereof; may issue bonds to finance that portion of the cost agreed to be chargeable to property outside of the City; may do all other things necessary or proper to provide for the construction of sewers or drains when the design, plan or method of construction will render them beneficial to property both within and without the limits of the City; and may perform all acts necessary to implement statutes relating thereto. [Sections 95-1818 to 95-1846 O.C.L.A.; June 4, 1917, new sec. 275a; 1928 pub., sec. 275a; 1942 recod., sec. 9-501; rev. Nov. 8, 1966; am. Nov. 3, 1992.]

Section 9-503 Issuance and Sale of Bonds.

Bonds may be issued and sold after construction of any such sewer or drain has been authorized, and each bond issue shall be limited to an amount that does not exceed the portion of the cost of such sewer or drain agreed upon with the County as the amount justly and equitably to be borne by property lying beyond the City limits. Such bonds shall not be issued for longer than twenty (20) years, and may be general obligations of the City. No bonds shall be issued when the total of such bonds then outstanding would exceed five hundred thousand dollars ($500,000). In lieu of issuing bonds, the Council may provide for financing part or all of the cost agreed upon as chargeable to property outside of the City from City funds. The Council has authority to levy and collect an assessment against the property benefitted by any sewer or drain lying beyond the City limits whenever that property is included within the City limits, if no previous assessments therefor have been made on the property, and to apply the money so collected toward payment of such bonds, or to reimburse the City for any payment, expenditure or advancement for such sewer or drain. Any agreement with the County may provide for the levy and collection by the County of an assessment against property whenever the sewer or drain may immediately benefit the property because of construction of an extension, lateral, branch, or otherwise. [June 4, 1917, new sec. 275b; 1928 pub., sec. 275b; 1942 recod., sec. 9-502; rev. Nov. 8, 1966; am. Nov. 3, 1992.]

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