Chapter 431

2006 -- H 7855 SUBSTITUTE A

Enacted 07/06/06

A N A C T

RELATING TO WATER LINES AND WORKS FOR THE TOWN OF MIDDLETOWN

Introduced By: Representatives Rice, Jackson, and Long

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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LC02661/SUB A

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