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The Town Code is hereby amended by the addition of Chapter 52, as
follows:
52.01 Planning and Installation of water lines
Subject to approval by the City of Newport,
the Town of Middletown shall design, plan, permit, layout and construct
additional water mains, connections and works to the water distribution system
within said town of Middletown, and owned and maintained by the City of
Newport, in order to provide water service along existing, accepted streets and
for such purposes to take by eminent domain or otherwise acquire any lands,
rights of way, or easements, public or private in said town necessary for
accomplishing the purposes set forth in this chapter. Such mains, connections
and works shall include but not be limited to water mains, curb stops, service
connections, pumps, hydrants and other works essential to the provision of
potable water and fire protection in said town.
The design, permitting, layout and construction of said
water lines and works is vested in the Town Council, subject to approval of the
City of Newport. The members of the Town Council and their duly authorized
agents may enter upon property within the town to examine, inspect and survey
same whenever necessary for the performance of their duties hereunder.
52.02 Assessment
of Costs of Construction
The cost of construction of each such water line shall be
assessed upon all owners of land abutting upon that portion of any street or
highway in which said water line is constructed. Said assessment shall be imposed as of the
31st day of December
next following the installation of said water lines, mains, connections and
works have been installed and shall be formulated to re-pay 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 the same, or such
portion thereof as the Town shall deem appropriate, over a period not to exceed
20 years, (or the repayment term of any bonds or notes utilized to finance same,
whichever may be greater).
52.03 Uniform
rate
Said assessment 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 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 street,
highway or right of way, that being the street, highway or right of way having
the greatest linear foot frontage. The Town Council shall from time to time
establish the rate of assessment for each foot of frontage of abutting land
based upon the actual costs of construction of the water line.
52.04 Term
Said assessment shall
be payable to the town in equal annual installments for a period not exceeding
twenty (20) years, (or the repayment term of any bonds or notes utilized to
finance same, whichever may be greater), with interest thereon, if any, at a
rate to be determined by the town council not exceeding six percent (6%) per
annum or the interest rate payable on any bonds or notes issued to finance same
whichever is greater, payable at such time as each installment becomes due. Any
property owner shall have the right to prepay unpaid installments with interest
to time of prepayment.
52.05 Annual Assessment a lien on Real Estate
The
Town Council shall annually, prior to the first day of July, certify to the
Finance Director all assessments made by it under the authority of this
section. Each such assessment made by the Town Council pursuant to this section
shall be a lien upon the lands, buildings and improvements upon which it is
made in the same way and manner in which taxes assessed on real estate and if
not paid as required shall be collected in the same manner that taxes assessed
on real estate are by law collected. Such assessment shall be due and payable
at the time the next regular town taxes are first due and payable next after
receipt by the Finance Director of the certification of assessments from the
Town Council, except that payment may be made in quarterly installments and
installment payments shall be due beginning at such time, and the Finance
Director shall forthwith certify to the Tax Collector for collection, and the
Tax Collector shall proceed to collect such assessment in the same manner and
at the same time the regular taxes of the town are first due and payable, with
provision for installments as provided in this section. Interest at the rate
per annum for nonpayment of town taxes shall be charged and collected upon all
overdue assessments and installments from the date they are payable until paid.
52.06 Procedures Relating to Collection, correction and
cancellation of assessments
(a) Notice The Collector, after
receiving a list of the assessments, shall forthwith, at the expense of the
town send to each person assessed a notice of the amount of the assessment. The
notice shall substantially identify the person assessed, state the amount of
the assessment and refer to the remedy available under section 44-5-26 of the Rhode Island General Laws.
The notice shall be mailed postage prepaid and directed to the last known
address of the person assessed. If there are persons whose address is unknown
similar notice covering the assessment against such person shall be published
in a newspaper of general circulation published in Newport County and such
published notice may be a single collective notice for all such persons. No
irregularity in the notice required by this section shall excuse the nonpayment
of the assessment or effect the validity or proceeding for collection thereof
so long as there is substantial compliance with the provisions hereof
(b) Application of General Laws to Collection In proceedings under section 44-5-26 of the
General Laws in connection with an assessment under this section, section
44-5-30 shall apply without regard to those provisions of said section dealing
with taxpayer accounts. Section 44-5-31 shall not apply. The town Council shall
be made a party in lieu of the assessors.
(c)
Corrected assessment In the event an assessment is partly
or wholly invalid the Town Council may make a corrected assessment to replace
the invalid assessment and certify same to the Finance Director. The corrected
assessment shall be due and payable at the time regular town taxes or
installments thereof are first due and payable after receipt by the finance
Director of such certificate. The person assessed shall be eligible to pay such
corrected assessment in installments to the extent permitted by the Town
Council. Except as set forth herein said corrected assessment shall be subject
to the same provisions as the original assessment authorized hereby.
(d) Cancellation of
assessments The Town
Council may at any time cancel in whole or in part any assessment to the extent
the Town Council determines it to have been improperly imposed.
52.07 Exemptions
The Town Council
inlay, by ordinance, exempt from the payment of any and all assessments for the
construction of water lines and works hereunder, the land of any religious
corporation on which are located buildings uses solely for holding of religious
services therein and all land in the Town held by cemetery corporations and
used solely for cemetery purposes.
52.08 Construction and
installation of water lines
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.
52.09 Connection Fee
Subject to approval of
the City of Newport and appropriate regulatory authorities, the Town Council
may impose and collect an initial, one time, connection fee in addition to any
fee charged by the City of Newport to any user connecting to a water main
installed at the expense of the Town of Middletown. Said fee shall be payable
to the order of the town prior to any permit being granted for connection to
any water main installed at the expense of the Town of Middletown.
52.10 Severability
If any part, clause,
division or section of this chapter shall be declared unconstitutional, the
validity of its remaining provisions shall not be effected thereby.