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An agreement with the Pokagon Band of Potawatomi Indians
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An agreement with the Pokagon Band of Potawatomi Indians
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4/25/2017 4:35:30 PM
Creation date
4/14/2016 12:45:27 PM
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City Council - City Clerk
City Council - Document Type
Resolutions
City Counci - Date
4/11/2016
Ord-Res Number
4554-16
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IV <br />against any portion of the Site in order to secure the payment of delinquent <br />charges owed for water services and sewer services provided by the City to a <br />Residential Site Customer. Therefore, the Band Parties and the City agree that <br />the procedures set forth in this Section 7 shall be the exclusive process for <br />addressing delinquencies by Residential Site Customers for water and sewer <br />Service. <br />(b). In order to provide the Band an opportunity to address any delinquency <br />regarding charges owed by a Residential Site Customer prior to the <br />certification of such delinquent charges by the City, as provided below in <br />subsection 7(c), the City shall provide written notice each month to the Band's <br />Finance Director of delinquent charges owed by Residential Site Customers, <br />which notice shall, at a minimum., include the name and address of each Site <br />Customer that owes a delinquent charge and an itemized breakdown of the <br />delinquent charges showing the month when each delinquent charge was first <br />incurred and all interest and penalties added thereto. <br />(c). The City shall also provide the Finance Director with a written notice by the <br />first day of April of each year regarding every delinquent charge that has been <br />delinquent for at least sixty (60) days, which notice shall, at a minimum, meet <br />the ,requirements of subsection 7(b) above and shall also include a statement <br />that certifies the accuracy of the information contained in the notice according <br />to the City's records. <br />(d). The Band shall pay in full to the City the amount of the certified delinquent <br />charges for each Residential Site Customer within thirty days of receipt of a <br />notice that conforms to the requirements of subsection 7(c). <br />(e). Upon its receipt of payment by the Band of any certified delinquent charges, <br />the City shall be deemed to have assigned to the Band all of the City's rights <br />in the certified delinquent charges and thereafter the City shall cease any and <br />all efforts to collect such certified delinquent charges from the Residential Site <br />Customer. <br />(f). The City may, in accordance with the standards and procedures of applicable <br />law, regulations, and any validly adopted policy, temporarily suspend water <br />service for any Residential Site Customer with delinquent charges owed to the <br />City until such charges are paid in full. <br />Scope of Agreement. This- agreement applies to the Site and all development <br />located on the Site. <br />Page 1'l of 16 <br />
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