[Adopted 12-15-2009 by Doc. 115]
A special assessment to meet the whole or part of the cost incurred
of laying pipes in public and private ways for the conveyance or distribution
of water to its inhabitants is hereby authorized. An owner of land
which receives benefit from the laying of water pipes in public and
private ways upon which his land abuts or which by more remote means
receives benefit through the supply of water to his land or buildings
shall pay a proportionate part of the cost as provided for below.
The amount to be charged against each parcel of land receiving such
benefit shall include the cost of the pipes and other material and
of the labor in laying them and other expenses incidental thereto
and shall be ascertained, assessed and certified by the Water Superintendent.
The City Engineer shall certify to the Water Superintendent,
for the purpose of assessments, the frontage of abutters on the street
or way through which the water pipes have been constructed.
Assessment for the cost of providing and laying water pipes
thereafter in public and private ways shall be made upon the several
parcels of land receiving benefit from the laying of such pipes by
a fixed uniform rate based upon the estimated average cost of all
the water pipes therein and the laying thereof, according to the frontage
of such land on any way in which a water pipe is laid.
A.
Application. This section shall apply to the laying of all water
pipes within the City of Haverhill in public and private ways which
do not currently have such pipes.
B.
FRONTAGE
PROPERTY FRONTAGE
TOTAL BETTERMENT COST or PROJECT COST
TOTAL FRONTAGE
UNIFORM RATE
Definitions. For the purposes of this section, the following terms
shall have the following meanings, unless the context clearly requires
otherwise.
The linear distance of the common property boundary between
any section of street in which water pipes are to be laid and an abutting
parcel. Owners of parcels that abut more than one street in which
water pipes are to be laid will be assessed based on the total combined
frontage unless the City determines that a partial exemption is just
and equitable.
The frontage for an individual parcel.
The total actual cost of laying any such water pipes, an
estimate of which may be used until such time as the final cost is
known.
The sum of all property frontages for a particular water
pipe project.
As defined by MGL c. 40, § 42H.
C.
Costs and rates.
(1)
The City shall assess 50% of the project cost to all abutting properties.
If water service connections are provided to adjacent properties part
of the project, the City shall assess 100% of the costs relate to
the water services.
(2)
The nonresidential property shall include commercial; industrial,
institutional, and all other properties or portions thereof not in
a residential zoning district.
(3)
The certified cost of all water pipes and other materials and of
the labor in laying them and other expenses incidental thereto shall
be fixed at a uniform rate per running foot. The fixed uniform rates
to be assessed upon estates are hereby established at an equal rate
upon each foot of frontage on any street or way where the water pipes
are laid constructed, the same having been found and determined shared
among opposite property owners.
(4)
The fixed uniform rate shall be calculated in the following manner:
Divide the total certified project cost by the total frontage amount
to arrive at the frontage cost per foot. Property owners will then
be assessed by multiplying their total frontage by the cost per foot
of frontage.
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Frontage cost per foot ($) = Total Betterment Cost ($) ÷
Total Frontage Amount
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Owners of estates or parts of estates not liable to assessment
or not in fact assessed, but who nonetheless by more remote means
receive benefit through the supply of water to their land or buildings,
shall pay for the laying and use of common water pipes an assessment
equal to the average assessment upon the owners of abutting parcels
to the street or way in which a water pipe is laid, as originally
ascertained, assessed and certified by the Water Superintendent.
The interest rate for a water assessment shall be 5% per year
in accordance with MGL c. 80, § 13.
A property owner may pay his or her assessment as follows: Make payment in full within 30 days of the billing date with no interest, pay part of the bill with any balance apportioned to the real estate tax bill for the parcel, apportion the entire assessment to the real estate tax bill for the parcel, or defer payment if eligible in accord with § 250-38. Any amount apportioned to the real estate tax bill for the parcel shall be paid within 20 years, along with interest which shall accrue in accordance with § 250-36 above.
A property owner may defer the betterment assessment if he or
she is 65 years of age or older pursuant to MGL c. 80, § 13B,
and qualify under MGL c. 59, § 5, Clause 41A.
Any sums collected by the City pursuant to this article shall
be deposited into an account solely to pay for the total project cost
assessed.
