§ 45-63-3 - Special assessment.
SECTION 45-63-3
§ 45-63-3 Special assessment. – (a) The town of Middletown, by ordinance, is authorized to impose and collect aspecial assessment to defray the cost of construction of said stormwatercontrol systems in areas not presently served by subsurface stormwater controlsystems. The town council shall prescribe a just and equitable annualassessment to all owners of land abutting on that portion of any street,highway or right-of-way in which storm water drainage pipes, catch basins andlines are installed at the expense of the town of Middletown. Said assessmentshall be adopted by ordinance of the town council after public hearing thereon,shall be imposed only after said stormwater control system shall have beeninstalled and shall be formulated to repay to the town the actual costs ofconstruction of said storm water control system, including design, permitting,debt service and costs on any issuance of bonds or notes issued to finance thesame, or such portion thereof as the town shall deem appropriate, over a periodnot to exceed twenty (20) years, (or the repayment term of any bonds or notesutilized to finance same, whichever may be greater). Said assessment to ownersof abutting land shall be at a uniform rate for each foot of frontage of landabutting on a street, highway or right-of-way, into which a subsurfacestormwater control system shall have been installed by the town; provided,however, that a minimum rate may be established for any lot having footfrontage of less than fifty (50) feet which rate may be equal to that chargedfor a lot with foot frontage of fifty (50) feet; provided, that a higher rateper foot frontage may be assessed to a lot of land upon which a dwelling orother structure is located than an unimproved lot of land, and furtherprovided, that whenever any lot is located at the intersection of two (2)streets, highways or rights-of-way in which stormwater drainage lines have beenconstructed at the expense of the town of Middletown hereunder the assessmenton such lot shall be made only for the stormwater drainage line on one street,highway or right-of-way, that being the street, highway or right-of-way havingthe greatest linear foot frontage. It is hereby determined that assessment madeunder this section will not exceed the benefits to the abutting owners.
(b) Said ordinance shall provide that the amount of saidspecial assessment shall be payable to the town in equal annual installmentsfor a period not exceeding twenty (20) years, (or the repayment term of anybonds or notes utilized to finance same, whichever may be greater), withinterest thereon, if any, at a rate to be determined by the town council notexceeding six percent (6%) per annum or the interest rate payable on any bondsor notes issued to finance same, whichever may be greater, payable at such timeas each installment becomes due. Any property owner shall have the right toprepay unpaid installments with interest to time of prepayment.
(c) The town council shall annually, prior to the first dayof July, certify to the finance director all assessments made by it under theauthority of this section. Each such assessment made by the town councilpursuant to this section shall be a lien upon the lands, buildings andimprovements upon which it is made in the same way and manner in which taxesassessed on real estate and if not paid as required shall be collected in thesame manner that taxes assessed on real estate are by law collected. Suchassessment shall be due and payable at the time the next regular town taxes arefirst due and payable next after receipt by the finance director of thecertification of assessments from the town council, except that payment may bemade in quarterly installments and installment payments shall be due beginningat such time, and the finance director shall forthwith certify to the taxcollector for collection, and the tax collector shall proceed to collect suchassessment in the same manner and at the same time the regular taxes of thetown are first due and payable, with provision for installments as provided inthis section. Interest at the rate per annum for nonpayment of town taxes shallbe charged and collected upon all overdue assessments and installments from thedate they are payable until paid.