HARRY HUGHES, Governor

3115

Mental Hygiene, or if following construction of the Commission
line the property is connected to the other specified public
system pursuant to Commission authorization, the property is
exempt from the imposition and collection of a sanitary district
benefit assessment until it is served by or connected to the
Commission's water or sanitary sewerage system, as the case may
be. When the exemption or suspension condition is no longer
applicable pursuant to those provisions which established the
exemption or suspension, any land or property exempted from or
with respect to which there is a suspension of benefit charges
shall be classified by benefit charge assessment purposes in its
then current class and become liable to a benefit assessment
charge at a rate and for a period of time the same as properties
first classified or assessed in that year, but not less than the
rate and number of years which would have been applied at the
time of exemption or suspension. The receipts from benefit
charge assessments for properties with respect to which the
benefit charge was exempted or suspended for a period of years
shall be used by the Commission to amortize any bonds issued for
the purpose of constructing or acquiring the water and sewer
lines for which benefit charges are levied under the provisions
of this chapter or for constructing or acquiring other water and
sanitary sewer lines for which benefit charges are levied. AFTER
JULY 1, 1985, THERE IS AN ALTERNATIVE METHOD OF ASSESSMENT UNDER
THIS SECTION TO BE CALLED. "EQUAL BENEFIT ASSESSMENT". THE EQUAL
BENEFIT ASSESSMENT SHALL BE THE PRIMARY METHOD OF ASSESSING
PROPERTIES WHERE AN ASSESSMENT IS USED TO AMORTIZE THE PROVIDING
OF WATER OR SEWER, BY THE COMMISSION TO PRIVATE USERS. HOWEVER,
WHERE DICTATED BY EQUITY OR LAW, THE COMMISSION, AT ITS OPTION,
MAY ASSESS THE PROPERTIES ON A FRONT FOOT BENEFIT BASIS. THIS
NEW ASSESSMENT METHOD SHOULD NOT BE CONSTRUED AS REQUIRING PAST
ASSESSMENTS TO BE RECOUPED UNDER THIS NEW FORMULA. AN EQUAL
BENEFIT ASSESSMENT MAY BE LEVIED ON EACH OF THE PROPERTIES
BENEFITED BY A PURCHASE OR THE ESTABLISHMENT OR CONSTRUCTION OF A
WATER SUPPLY OR SEWERAGE FACILITY IN AN EQUAL AMOUNT BASED ON
UTILIZATION POTENTIAL OF EACH PROPERTY CONSISTENT WITH CURRENT
ZONING. THE TOTAL BENEFIT ASSESSMENTS OF ALL PROPERTIES BEING
ASSESSED SHALL BE IN WHATEVER AMOUNT IS REQUIRED TO PAY THE TOTAL
COST OF THE PURCHASE, ESTABLISHMENT, OR CONSTRUCTION. THE WORD
"PROPERTY" MEANS ALL OF THAT LAND AREA IN COMMON OWNERSHIP
ENCLOSED WITHIN THE BOUNDARIES OF CONTIGUOUS PARCELS. SHOULD
ANY. PROPERTY OWNER DIVIDE THE PROPERTY, THE ASSESSMENT ON ALL THE
NEWLY CREATED PARCELS SHALL BE RECALCULATED AND IMPOSED AS
PROVIDED IN THIS SECTION.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1985.

Approved May 28, 1985.