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Session Laws, 1955
Volume 620, Page 399   View pdf image (33K)
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THEODORE R. McKELDIN, GOVERNOR                   399

(c)    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 town and outstanding against any property at any time, exclu-
sive of delinquent installments, to exceed twenty-five per centum
(25%) of the assessed value of the property after giving effect to the
benefit accruing thereto from the project or improvement for which
assessed.

(d)    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.

(e)    All special assessment charges shall be levied by the council
by ordinance. Before levying any special assessment 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 materials 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 proposed area of assess-
ment. 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
assessment. 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 once
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 the notice, which certificate shall be deemed proof of
notice, but failure of any owner to receive the mailed copy shall not
invalidate the proceedings. The date of hearing shall be set at least
ten and not more than thirty days after the clerk-treasurer shall
have completed publication and service of notice as provided in this
section. following the hearing the council, in its discretion, may vote
to proceed with the project and may levy the specal assessment.

(f)    Any interested person feeling aggrieved by the levying of
any special assessment under the provisions of this section shall have
the right to appeal to the Circuit Court for the County within ten
days after the levying of any assessment by the council.

(g)    Special assessments may be made payable in annual or more,
frequent installments over such period of time, not to exceed ten
years, and in such manner as the council may determine. The coun-
cil shall determine on what date installments shall be due and pay-
able. Interest may be charged on installments at the rate to be de-
termined by the council.

(h) All special assessment installments shall be overdue six
months after the date on ivhich they became due and payable,

[See page image for strike-through]

All special assessments
shall be liens on the property and all overdue special assessments
shall be collected in the same manner as town taxes or by suit at law.

(i) All special assessments shall be billed and collected by the
clerk-treasurer.


 

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Session Laws, 1955
Volume 620, Page 399   View pdf image (33K)
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