§ 82-33. Procedures for construction of main by assessing all or a part of the cost thereof against abutting landowners.

(a)

Whenever a petition to lay a water main in any public roadway, with the exception of subdivisions, at the expense, in whole or in part, of the owners of the abutting property, has been filed with the board of commissioners, or the commissioners of their own motion have considered a proposal to lay such main, the director of public works shall survey the route of the proposed water main and obtain an estimate of the cost of the facilities, including labor and materials. When the foregoing has been accomplished, the board of commissioners shall consider the matter and take such action thereon as in its judgment shall be proper. However, any extension of water mains in these water service districts will be considered by the board of commissioners only upon agreement of the interested property owners to pay the assessment fees applicable to their district as may be established from time to time by the board of commissioners.

(b)

Whenever the board of commissioners shall determine from a preliminary survey that the project has merit and will serve a public need, it shall set a time and place for public hearing thereon before the board of commissioners. Notice of the public hearing shall be given to the owners of the abutting property, in writing by regular mail, at least ten days in advance of the hearing, and by the publication of the notice, one time not less than ten days in advance of the hearing, in the newspaper in which notices of sheriff's sales for Fulton County are published. The notice shall describe generally the facility to be constructed and the route thereof, and shall further state the cost to be assessed against the owners of the abutting property, and the nature of the work or improvement proposed to be made.

(c)

At the time and place fixed for the hearing and after publication of the notice, the board of commissioners shall proceed to hear the proposal, including objections thereto, if any, of any party at interest, and shall take any action on the proposal as in the judgment of the board of commissioners will best promote the public interest, either approving or disapproving the proposal or postponing decision to a later date. Such action shall be by resolution of the board of commissioners and may be adopted at the next meeting after its advertisement, and after having heard objections thereto, or at any subsequent meeting.

(d)

After the passage of a resolution ordering the installation of the water main, all property owners to be assessed for the cost of the main who do not, within 15 days thereafter, commence legal proceedings to prevent the assessment being made, shall be conclusively presumed to have accepted the terms of the assessment and shall have agreed that the assessment may be made.

(e)

In all cases where the proposal is approved, the board of commissioners shall by proper resolution, entered on the minutes of the meeting, authorize the construction of the facility in accordance with the plans and cost estimates prepared by the department of public works. The board of commissioners may undertake the construction with county forces and material purchased by the county, or may proceed to let a contract with an independent contractor, or with some municipality or some other governmental entity. It shall be the duty of the finance director and director of public works to maintain complete and accurate records of the cost of each project, separate and apart from the records maintained on other projects.

(f)

The cost of such work shall be assessed against the owners of all property abutting the public roadways in which the main is laid and their respective properties, except on corner lots where the first 200 feet on the side, shall be exempt. The assessments shall be charged in accordance with the fee schedule prevailing at the time of approval by the board of commissioners.

(g)

When the work on any project authorized under the foregoing procedure shall have been completed, the director of public works shall make a full report thereof to the board of commissioners, which report shall include the cost of the facility, a complete description thereof, and a statement of the cost, whether in whole or in part, to be assessed against the owners of the abutting property, on each side of the water main so constructed.

(h)

The director of public works shall also prepare for the approval of the board of commissioners a resolution and assessment roll, setting forth in detail the names of the owners of the property to be assessed where the owners are known, the frontage of the property to be assessed, together with a statement of the total assessment against the individual property owner, which resolution and assessment roll shall be placed upon the minutes of the board of commissioners.

(i)

The cost of any improvement made pursuant to this article shall be a lien upon the respective properties from the date of the completion of the improvement and shall be enforceable in the same manner as executions for taxes, and shall have the same rank and character as liens for taxes.

(j)

The director of finance shall notify the owner, by regular mail, of any property assessed in the manner aforesaid and collect the assessment in full in accordance with the terms and payments as hereinafter set forth. Failure to receive the notice shall not invalidate the assessment.

(k)

Payment of an assessment may be made without interest or penalty at any time within 60 days from the date of the assessment.

(l)

Should any property owner, so notified of an assessment against his property desire to pay it in installments, he shall apply to the director of finance, who is authorized and directed to approve payments of the total assessment on a deferred payment plan: one-fourth down within 60 days of date of notice, with the remainder in three equal annual installments. Payments made after 60 days shall draw interest from date of assessments at the rate of interest from time to being charged on unpaid state and county taxes. All deferred installments shall be evidenced by a lien upon the property so improved by the construction of the water main and abutting the same. The director of finance is authorized to provide suitable forms to carry out this section.

(m)

In all cases where the owner of the property assessed under this article shall fail to acknowledge the lien upon his property, pay the required cash payment, and agree to pay the remainder in installments, as provided herein, or shall fail to pay any installment when due, it shall be the duty of the director of finance to prepare and issue in the name of the board of commissioners an execution against the property and the owner thereof, if the owner is known, for the full amount of the assessment, or for the balance thereof if any portion has been paid, and file the execution with the Sheriff of Fulton County for levy upon and sale of the property so assessed in the same manner that executions for taxes due the state and county are issued, levied and collected.

(Res. No. 04-1326, 12-15-04)