§ 3-5-299. Easement acquisition.  


Latest version.
  • (a)

    If the authority determines that it is in the best interest of the authority to enlarge the sewer lines and sewerage system facilities from the owner/developer's property line to the sewerage system facilities, the authority will pay the additional costs for the increased size of sewer line and sewer facilities.

    (b)

    The owner/developer shall make a good faith effort to obtain all easements required to install the sewer lines and sewerage system facilities from the owner/developer's property to authority's facility. In the event an owner/developer is unable to obtain the sewer easements required, said owner/developer shall notify the authority in writing. The authority will then determine the anticipated cost for condemning the easements required and notify the owner/developer in writing. Upon the owner/developer depositing with authority the estimated costs, the authority will authorize its attorney to proceed with condemnation of the easement. If the costs as hereinafter defined exceed the amount estimated by the authority, the owner/developer shall pay to the authority the additional costs within ten (10) days from receipt of notification. Failure to pay said funds within said time will result in the authority placing a fi.fa. on owner/developer's property. If estimated costs paid to the authority do not exceed the actual cost incurred, the excess funds will be returned to the person initially paying said funds within thirty (30) days after date of determination of actual costs involved. Costs referred to above shall include, but not be limited to, the amount paid by the authority for the easement or title to property, all attorney's fees, expert witness fees, court costs, litigation expenses, survey and engineering expenses, and any out-of-pocket funds expended by the authority.

    (c)

    The authority will employ its own surveyor or engineer to survey the property on which the easement or title to property is required to carry the sewer line from owner/developer's property to authority's existing facility. An estimated cost of such expense will be provided by the general manager to the owner/developer in writing, and the owner/developer shall deposit said funds with the authority. Upon receipt of said estimated costs, the authority will proceed to survey said property and have said easements prepared by the authority's attorney. If the costs as hereinafter defined exceeds the amount estimated by the authority, owner/developer shall pay to the authority the additional costs within ten (10) days from receipt of notification. Failure to pay said funds within said time will result in the authority placing a fi.fa. on owner/developer's property. If estimated costs paid to the authority do not exceed the actual costs incurred, the excess funds will be returned to the person initially paying said funds within thirty (30) days after date of determination of actual costs involved. Costs referred to above shall include, but not be limited to, the amount paid by the authority for the easement or title to property, all attorney's fees, expert witness fees, court costs, litigation expenses, surveying and engineering expenses, and any out-of-pocket funds expended by the authority.

(Ord. No. 01-09, Art. 6(bb—dd), 12-03-2001)