Chapter
303
2006 -- S 2891 SUBSTITUTE A
Enacted 07/04/06
A N A
C T
RELATING TO WATER
LINES AND WORKS FOR THE TOWN OF MIDDLETOWN
Introduced By: Senator June
N. Gibbs
Date Introduced: March 08,
2006
It is enacted
by the General Assembly as follows:
SECTION
1. Sections 2, 6 and 7 of Chapters 324 and 371 of the 2003 Public Laws
entitled
"An Act Relating to Water Lines and Works for the Town of Middletown"
are hereby
amended
to read as follows:
SECTION
2. The town of Middletown, by ordinance, is authorized to impose and collect
a
special assessment to defray the cost of construction of said water lines and
works. The town
council
shall prescribe a just and equitable annual assessment to all owners of land
abutting on
that
portion of any street, highway or right of way in which a water line is
installed at the expense
of the
town of Middletown. Said assessment shall be adopted by ordinance of the town
council
after
public hearing thereon, shall be imposed only after said lines, mains,
connections and works
have
been installed and shall be formulated to repay to the town the actual costs of
construction
of said
water line and works, including design, permitting, debt service and costs on any
issuance
of
bonds or notes issued to finance same, or such portion thereof as the town
shall deem
appropriate,
over a period not to exceed twenty (20) years, (or the repayment term of any
bonds
or
notes utilized to finance same, whichever may be greater). Said assessment to
owners of
abutting
land shall be at a uniform rate for each foot of frontage of land abutting on
said street
highway
or right of way, provided however that a minimum rate may be established for
any lot
having
foot frontage of less than fifty (50) feet which rate may be equal to that
charged for a lot
with
foot frontage of fifty (50) feet, provided that a higher rate per foot frontage
may be assessed
to a
lot of land upon which a dwelling or other structure is located than an unimproved
lot of land.
And
further provided that whenever any lot is located at the intersection of two
(2) streets,
highways
or rights of way in which water lines have been constructed at the expense of
the town
of
Middletown hereunder the assessment on such lot shall be made only for the
water line on one
(1)
street, highway or right of way, that being the street, highway or right of way
having the
greatest
linear foot frontage. It is hereby determined that assessments made under
this section
will
not exceed the benefits to the abutting owners.
SECTION
6. Upon petition of the owner of a lot of land of irregular shape or which
is
unduly
above or below grade or which for any other reason is deemed to be inequitably
charged
or
assessed under this chapter, the town council may adjust the charge or
assessment on such lot
or
exempt such lot from such charge or assessment.
SECTION
6. 7. Nothing herein shall be construed to require the town of
Middletown to
install
any water lines, mains or works in any existing street and installation of such
mains shall
be in
the discretion of the town council.
SECTION
7. 8. This act shall take effect upon passage and the assessment
authorized
herein
shall be imposed on any lots possessing frontage on those portions of streets
in which
water
mains, lines or works are installed at the initial expense of the town of
Middletown during
or
after the 2002-2003 municipal fiscal year.
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LC02676/SUB A
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