Chapter 141

2006 -- H 7933

Enacted 06/16/06

 

A N A C T

RELATING TO THE SEWER SYSTEM OF THE TOWN OF MIDDLETOWN

     

     

     Introduced By: Representatives Rice, and Long

     Date Introduced: March 23, 2006

 

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Sections 9(a), 10, by adding subsection 10(d) and 11 in Chapter 1103 of

the 1941 Public Laws entitled "An Act to Create a Sewer Commission for the Town of

Middletown and to Authorize said Town to Construct and Maintain a Sewer System" as amended,

are further amended to read as follows:

     Sec. 9. (a) Fees, charges and assessments generally. The town council shall prescribe

annual just and equitable charges to be charged all users of the sewage system, all owners of land

abutting upon that portion of any street or highway or right of way in which sewers have been

constructed under the provisions of this chapter, all owners of land abutting upon that portion of

any public street, highway or right of way in which sewers have been constructed otherwise than

under this chapter, and all users of such other sewers. The charges to owners of such abutting

land as do not use the sewers shall be less than those charged to users of the sewers and shall be

at a uniform rate for each front footage of land abutting on such street or highway or right of way;

provided, however, that a minimum rate may be established for any lot of land having a front

footage of less than fifty (50) feet, which rate may be equal to that charged for a lot with a front

footage of fifty (50) feet; and, provided, further, that a higher rate per front footage may be

charged for a lot of land upon which a dwelling house is located than for an unimproved lot of

land. Such annual charges shall be sufficient at all times to pay the cost of and are hereby

appropriated to the construction, capital improvement, debt service, operation, maintenance and

repair of the sewerage works, including sewers constructed in public streets, highways or rights of

way otherwise than under this chapter as the town council deems appropriate. There shall be

established and created a separate capital improvements contingency account. There shall be

credited to the capital improvements contingency account the sum of one hundred thousand

dollars ($100,000) each year until said account aggregates the sum of five hundred thousand

dollars ($500,000) and thereafter no payments shall be made into said capital improvements

contingency account except whenever money is paid out of said account, payments into said

account shall be resumed and continued until such time as the account has been again restored to

the aggregate amount of five hundred thousand dollars ($500,000). The money in said account

shall be used to pay for major repair and/or replacement of components of the sewer system, such

major repair or replacement being defined as a repair or replacement which exceeds in total cost

the sum of twenty-five thousand dollars ($25,000), except that funds held in said account to the

extent necessary to prevent or remedy a default in the payment of the interest on or principal of

bonds herein authorized shall be used and held for use for that purpose and shall be transferred to

the bond and interest fund account and whenever such transfer is made, the amount so transferred

shall be added to the next deposit to be made, and thereafter until full reimbursement of said

account has been made.

     Sec. 10(d) Time and Method of payment. Such annual charges shall be due and payable

at the time the regular town taxes are first due and payable next after the date of receipt by the

town treasurer of the aforesaid certificate of said annual charges from the town council and the

town treasurer shall forthwith certify said charges to the tax collector for collection and the tax

collector shall proceed to collect such charges in the manner and at the same time the regular

taxes of the town are first payable, with provision for installments as in the case of the regular

taxes. Interest at the rate per annum fixed for nonpayment of town taxes shall be charged and

collected upon all overdue charges from the date they become due and payable until paid.

     Sec. 11. If the receipts from the annual charges provided for in section 9 or referred to in

section 22 of this chapter amount in any year to more than is required for the purposes thereof,

the surplus shall be credited to the annual charges of the next succeeding year. Provided that this

section shall be construed to require the credit of funds from the capital improvements

contingency account only to the extent such account exceeds in the aggregate of five hundred

thousand dollars ($500,000). If said receipts in any year, including any surplus added in any

preceding year, amount to less than is required for the aforesaid purposes, the deficiency shall be

added to the annual charges of the next succeeding year unless the electors in town meeting order

the town council to make a special sewer assessment upon those subject to the annual charges in

an amount sufficient to satisfy such deficiency. Such special sewer assessment shall be made

immediately thereafter by the town council and shall be at rates proportionate to the annual

charges and in an amount sufficient to satisfy such deficiency. In prescribing annual charges for

the next succeeding year, any surplus or deficiency under this paragraph shall be credited or

added pro rata among the annual charges for items other than debt service, the annual charges for

district one (1) debt service and the annual charges for district two (2) debt service and the

surplus or deficiency shall e taken to be in the amount estimated by the town council at the time

of such prescription.

     When the town council shall have completed said special sewer assessments ordered by

the electors as aforesaid, it shall sign and deliver a certified copy of said special sewer

assessments to the town treasurer who shall forthwith certify said assessments to the tax collector.

Within ten (1) days thereafter the tax collector shall give notice to the owners of lands so assessed

of such sewer assessment by advertisement in some public newspaper published in the city of

Newport and said tax collector shall without further warrant collect said sewer assessments at the

times directed by this chapter. Each special 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 as taxes assessed on real estate but such lien shall not expire until the

assessment with all interest, costs and penalties thereon is paid in full, and such special

assessments shall be due and payable at the time regular town taxes or installments thereof are

first due and payable next after receipt by the town treasurer of said certified copy of said

assessment, without provision for installment payment of said assessments. If said assessments

are not paid as required by this chapter, they shall be collected in the same manner that regular

taxes assessed on real estate are by law collected. Interest at the rate per annum fixed for

nonpayment of the regular town taxes shall be charged and collected upon all overdue

assessments from the date they become payable until they are paid.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC02795

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