§ 237.151. Apportioning cost of outlet sewers and/or treatment plants; review of apportionment.
Latest version.
The County Board shall at any time after a district has been established, determine
the proportionate share of the cost of any outlet sewer and/or treatment plant, which
shall be borne by each district so using it or benefited thereby. Before fixing and
determining any such proportionate share or shares, a public hearing thereon shall
be held by said board, after notice thereof given by publication in such manner as
said board shall direct. In the event that any district heretofore created and for
which bonds have been issued shall be entitled, as in this title provided, to have
refunded to it a part or portion of the cost of any outlet sewer and/or treatment
plant and at the same time shall be chargeable with a part of the cost of the outlet
sewer and/or treatment plant, such refund shall be reduced by the proportionate share
of the cost to such district for such outlet sewer and/or treatment plant. In the
event that such proportionate share shall exceed such refund, such excess share, notwithstanding
any general or special law to the contrary, shall be charged against such district
and may be financed as a part of the cost of the sewer in such district. Any such
apportionment so made by the County Board shall become final unless within 30 days
from the date of such apportionment by said board an application is made by any person
or party aggrieved for a review by certiorari. No review shall be had unless at the
time of the application for a certiorari order the person interested and seeking the
review shall give an undertaking approved by the Supreme Court, or a Justice thereof,
as to form, amount and sufficiency of sureties, that, in the event of failure to modify
such final determination or order, he will pay to the board making such final determination
or order all costs and expenses as are incurred by it on account of such proceedings,
to be determined by the court. In the event that upon such review there shall be any
modification by the court of any such determination or apportionment, the court shall
direct the modification thereof by order, which shall be final and conclusive, and
such order shall be recorded by the County Board in the same place and manner as was
the determination or apportionment appealed from.
(Added as § 139-o by L.L. No. 7-1971)
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