3410 ARTICLE 16.
the project, of which the construction abutting upon his property is a part,
represented by the number of front feet which he is assessed, with inter-
est at the rate of six per cent, per annum from the date of said levy, less
any annual payment that may have been made thereon. The Mayor and
Council, however, in estimating said cost for the purpose of extinguish-
ment may add thereto a reasonable margin to protect itself against possible
changes in the cost of construction and loss of interest. All sums received
under such plan of extinguishment shall be preserved intact by said Mayor
and Council, less the payment of the proportion of interest and a sinking
fund properly chargeable to the amount so received, and used for future
construction; and provided further, that any property owner, whose prop-
erty is classified under business or industrial, or sub-division, may, at his
option, at any time during the life of said assessment extinguish the same
by payment in cash of an amount, which, if put at interest at 3 1/2 per
cent., compound annually, would yield an annuity equal to the annual
assessment for the period for which said assessment has yet to run. The
Mayor and Council shall at any time permit a connection with a water
main or sewer by a property owner whose property does not abut on said
water main or sewer and who has not previously thereto paid an assess-
ment for the construction of said water main or sewer, provided the said
Mayor and Council shall first determine the classification of said prop-
erty, and a front foot charge to be paid by said property owner, as though
his property abutted on said water main or sewer; and in the event of such
connection being made, said property owner and said property, as to all
charges, rates and assessments, shall in every respect stand in the same
position as if the said property abutted upon a water main or sewer. The
annual assessments as above specified shall be a first lien upon the prop-
erty against which they are assessed, subject only to prior state, county
and municipal charges, and shall be enforced by a judgment upon com-
plaint of the authorities of Gaithersburg before any justice of the peace
or the Circuit Court of Montgomery County, and usual execution there-
on. No such annual assessment shall continue as a lien for a period
longer than two years from the date from which the same became in de-
fault, unless it is reduced to a judgment and duly recorded among the
records at the office of the clerk of Montgomery County. Said assessments
shall be payable at the office of the Mayor and Council immediately upon
being levied, and shall be in default after 60 days from that date; and
said levy, and any judgment obtained as a result of the default of the
payment thereof, shall bear interest at the rate of 1 per cent, a month
from and after the time said levy is in default.
1922, ch. 216, sec. 7.
392. Said Mayor and Council shall provide for each and every prop-
erty abutting upon a street or right-of-way in which, under this Act, a
water main or sewer is laid, a water connection or sewer connection which
shall be extended as required, from the water main or sewer to the prop-
erty line of the abutting lot, said connection to be constructed by, and
|
![clear space](../../../images/clear.gif) |