§3974. Contest of assessments or charges; negotiability of certificates; final inspection; services of engineer; duties; attorney

A. For a period of sixty days from the date of the adoption of the resolution levying a local or special assessment or fixing sewerage charges as provided for in this Sub-part, any person in interest shall have the right to contest the legality of said local or special assessment, resolution or sewerage charge, after which time no one shall have any cause or right of action to contest the legality, formality or regularity of said assessment or charges for any cause whatsoever.

B. Sewer certificates issued hereunder shall have all the requisites of negotiable paper under the law merchant, and shall not be invalid for irregularities in the proceedings for their issuance, sale or delivery, and shall be incontestable in the hands of bona fide purchasers or holders thereof.

C. The governing authorities of a sewerage district or sub-district shall, upon the completion of any contract awarded as provided for herein, provide for the final inspection of the work performed thereunder and the improvements made and if the work be found to be completed satisfactorily in accordance with said contract as evidenced by the certificate of the engineer for the governing authorities, the said governing authority shall, by resolution duly adopted, approve and accept said work and fulfill their obligations of the said contract by full payment therefor of any amounts and balances due under the said contract, including all percentages of payments previously made thereon on engineer's estimate and which percentages were retained pending the completion of said work.

D. The governing authorities of the said sewerage district or subdistricts are authorized to engage the services of an engineer and provide for his payment, who shall prepare all plans and specifications and the governing authority of the municipality shall approve such plans and specifications by a proper resolution duly adopted. Such engineer so employed shall inspect the work as let in accordance with contracts hereunder and shall issue to the said contractor his estimates thereon from time to time as the work progresses, which estimates may be paid by the governing authority either in full or by the retention of 20% thereof as retained percentages. Upon final completion of the work, the said engineer shall render a report to the governing authority as to the completion of the work in a satisfactory manner and shall do and perform any and all engineering duties required of him in this Sub-part.

E. The governing authorities of said sewerage district or sub-districts is hereby authorized to employ an attorney to handle all legal work in connection with such improvements herein authorized and to provide for the payment of his fee, and said attorney, in addition to his other duties, shall prepare a complete transcript of the records of the proceedings covering each and every project completed hereunder and shall file same with the governing authority. Said filed transcript shall constitute a permanent record thereof. The governing authority of said sewerage district or sub-district is also authorized to employ an attorney to examine into and report upon the legality of the sewer certificates issued as herein provided for.

Acts 1950, Ex.Sess., No. 6, §14.