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Session Laws, 1953
Volume 606, Page 1651   View pdf image (33K)
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THEODORE R. MCKELDIN, GOVERNOR 1651

A. The cost of the project being charged for shall be
assessed according to the front foot rule of apportionment
or some other equitable basis determined by the Council.

B. The amount assessed against any property for any
project or improvement shall not exceed the value of the
benefits accruing to the property therefrom, nor shall any
special assessment be levied which shall cause the total
amount of special assessments levied by the city and out-
standing indebtedness against any property at any time,
exclusive of delinquent installment, to exceed 15 per cent
of the assessed value of the property after giving effect to
the benefit accruing thereto from the project or improve-
ment for which assessed.

C. When desirable, the affected property may be divided
into different classes to be charged different rates, but,
except for this, any rate shall be uniform.

D. All special assessments charged shall be levied by
the Council by ordinance. Before levying any special assess-
ment charges, the Council shall hold a public hearing. The
Clerk-Treasurer shall cause notice to be given stating the
nature and extent of the proposed project, the kind of ma-
terials to be used, the estimated cost of the project, the
portion of the cost to be assessed, the number of install-
ments in which the assessment may be paid, the method to
be used in apportioning the cost, and the limits of the pro-
posed area of assessment. The notice shall also state the
time and place at which all persons interested, or their
agents or attorneys, may appear before the Council and be
heard concerning the proposed project and special assess-
ment. Such notice shall be given by sending a copy thereof
by mail to the owner of record of each parcel of property
proposed to be assessed and to the person in whose name
the property is assessed for taxation and by publication
of a copy of the notice at least three times in a newspaper
of general circulation in the town. The Clerk-Treasurer
shall present at the hearing a certificate of publication and
mailing of copies of notice, which certificate shall be deemed
proof of notice and failure of any owner to receive the
mailed copy shall not invalidate the proceedings. The date
of the hearing shall be set at least ten and not more than
thirty days after the Clerk-Treasurer shall have com-
pleted publication and service of notice as provided in this
section. Following the hearing the Council, in its discre-
tion, may vote to proceed with the project and may levy
the special assessment unless a petition to submit the ques-



 

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Session Laws, 1953
Volume 606, Page 1651   View pdf image (33K)
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