§ 45-63-3. Special assessment.
(a) The town of Middletown, by ordinance, is authorized to impose and collect a special
assessment to defray the cost of construction of said stormwater control systems in
areas not presently served by subsurface stormwater control systems. 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 storm water drainage
pipes, catch basins and lines are 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 stormwater control system shall have been
installed and shall be formulated to repay to the town the actual costs of construction
of said storm water control system, 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 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 a street, highway or right-of-way,
into which a subsurface stormwater control system shall have been installed by the
town; 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 stormwater drainage lines have been constructed at the expense of the town of
Middletown hereunder the assessment on 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 having the greatest linear foot frontage. It is hereby determined
that assessment made under this section will not exceed the benefits to the abutting
owners.
(b) Said ordinance shall provide that the amount of said special 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 may be 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.
(c) 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.