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Session Laws, 1970
Volume 695, Page 2386   View pdf image
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2386                               Municipal Charters

(e)    In the event that provision shall be made for the payment of the
assessment aforesaid in installments, upon a failure to pay any one or more
of said installments when the same shall become due the whole amount
thereof and of such assessment shall immediately become due and payable.
All assessments levied hereunder whenever the same shall become overdue
according to the terms of the ordinance providing therefor, or by reason
of the nonpayment of any installment thereof, may be collected by action
in equity to be brought in the county in which the land so assessed is
situated or in the same manner as general taxes due said town are now
or may hereafter be collected and any sale made for the nonpayment of
such assessment and any deed made pursuant to such sale shall be entitled
to all the presumptions as to validity that now or may hereafter attach
to sales and deeds made for default in payment of general taxes due said
city; and when any real property assessed as herein provided for shall
become liable to sale for any other assessment of tax whatsoever, then the
assessment levied under this section shall become immediately due and
payable and the property against which they are levied may be sold there-
for together with accrued interest thereon and costs to day of sale. If any
sale made hereunder shall be set aside for failure to comply with the terms
hereof, that fact shall not bar the right of said town to collect said assess-
ment and enforce the lien thereof by equitable suit as aforesaid.

(f)    In all cases where the property to be assessed for improvements
under the provisions of this section is located at the intersection of two
streets, constituting what is commonly known as a corner lot, assessment
shall be made for the full frontage of said lot for any improvements abutt-
ing thereon; in case the improvements are extended along the side of said
lot the assessment for such improvements shall be made for one-half only
of the lineal frontage thereof. Should any question arise as to the street
upon which said property may front, the decision of the council in regard
thereto shall be final and conclusive. In the case of irregularly shaped lots
not definitely constituting corner lots, where the frontages thereof are
excessive, the council shall make an assessment against fifty feet of said
frontage and against one-half only of the additional frontage thereof.

(g)    Any person or persons desiring the construction of any public
work authorized under the provisions of this section may petition the
council in writing therefor; and if all the abutting property affected is
represented in said petition and the petitioners agree therein to a waiver
of legal requirements hereunder the council may direct the construction
of said work without compliance with said legal requirements and may
assess the cost thereof in accordance herewith as though all legal require-
ments had been complied with, and said construction and assessments are
hereby declared to be legal and valid as in this section provided.

[(h) To carry out the provisions of this section, the said council is
hereby given the power and authority; to borrow such sums from time to
time as may be needed to make such improvements, including the propor-
tionate share thereof, if any, to be assessed against the city in accordance
with this section, and to issue certificates of indebtedness as evidence
thereof. All sums so borrowed shall be kept in a separate account to be
known as the "Special Improvement Fund" and shall be borrowed for no
longer period than shall be sufficient to collect the special assessments
provided for; said certificates of indebtedness shall be full and complete
general obligations of the City of Rockville and shall be payable first
from the special assessments levied under the provisions of this section;
and in the event of any deficiency occurring in the amount received from
said special assessment, the council shall and it is hereby directed to make

 

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Session Laws, 1970
Volume 695, Page 2386   View pdf image
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