[Amended 5-2-1973 by Res. No. 1, 1973]
The Commissioners of Hebron are hereby authorized,
empowered and directed to construct and establish a sewerage system
and sewage treatment plant for the Town of Hebron, and, for the purpose
of providing funds therefor, the Commissioners of Hebron are hereby
authorized and empowered to borrow from time to time a sum or sums
of money as said Commissioners may deem to be necessary to carry out
such projects and to issue bonds upon the full faith and credit of
the Town of Hebron. Said bonds shall be serial bonds issued upon a
serial maturing plan and in such denominations as shall be determined
by the Commissioners. Said bonds may be redeemable before maturity
at the option of the Commissioners at such price and under such terms
and conditions as may be fixed by the Commissioners prior to the issuance
of said bonds, shall bear interest at a rate per annum to be determined
by said Commissioners, said interest being payable semiannually, shall
mature in no more than forty (40) years after date of issue and shall
be forever exempt from state, county and municipal taxation. The issuance
of such bonds shall not be subject to any limitation or conditions
contained in any other law, and the Commissioners shall sell said
bonds by solicitation for competitive bids at public sale after the
publication of the notice of sale in a newspaper of general circulation
in said town and such other publication as said Commissioners may
specify, in the form prescribed by resolution of said Commissioners,
by two (2) insertions thereof over a period of not less than ten (10)
days next preceding the date fixed for such sale.
[Added 5-2-1973 by Res. No. 2, 1973]
A. Benefit assessments. For the purpose of paying the interest and principal of the bonds issued by the Commissioners, as provided in §
HC10-1 of this Article, to pay for the sewerage system and sewage treatment plant for the Town of Hebron, the Commissioners are hereby authorized and directed to fix an annual assessment on all properties, improved or unimproved, which are directly benefited by the installation. The annual assessment shall be made upon the front-foot basis, and the first payment shall be collected during the fiscal year of said town in which the construction is completed.
B. Classifications. All property subject to benefit assessments
for said sewer shall be divided into four (4) classes: agricultural,
industrial, commercial and residential. The Commissioners shall, in
writing, notify all owners of said properties of which class their
respective properties fall into and of the charge determined therefor,
naming also in said notice a time and place when and at which said
owner will be heard. Such notice may be mailed to the last known address
of the owner or served in person upon any adult occupying the premises
or, in the case of vacant or unimproved property, posted upon the
premises. The classification of and the benefit assessed against any
property as made by the Commissioners shall be final, subject only
to revision at said hearing. The Commissioners may change the classification
of property from time to time as said properties change in the uses
to which they are put. Benefit charges shall be as nearly uniform
as is reasonably practical for each class of property for any one
(1) year.
C. Method of fixing benefit charges. Benefit charges
for sewerage construction shall be based for each class of property
upon the number of front feet abutting upon the street, lane, road,
alley or right-of-way in which the sewer is placed; provided, however,
that in the case of any irregular-shaped lot abutting upon a street,
lane, road, alley or right-of-way in which there is or is being constructed
a sewer at any point, said lot shall be assessed for such frontage
as the Commission may determine to be reasonable and fair, provided
further that no lot in a subdivision property shall be assessed on
more than one (1) side unless said lot abuts upon two (2) parallel
streets, and provided further that corner lots may be averaged or
assessed upon such frontage as the Commissioners may deem reasonable
and fair. When land is assessed as agricultural land, no assessment
shall be made even though a sewer is constructed through it or in
front of it until such time as the sewer connection is made, and,
when so made, every connection shall become liable to a front-foot
assessment as may be determined by said Commissioners for agricultural
land.
D. Duration and reduction. The annual amount of any benefit
charge may be reduced from time to time by the Commissioners in their
discretion if costs and conditions are deemed by them to justify such
reduction. Said benefit charges shall be paid annually by all properties
against which a benefit has been assessed as long as any of the bonds
remain outstanding for payment of which the benefit charge was originally
imposed. The Commissioners shall at any time permit a connection with
the sewer by a property owner whose property does not abut on said
sewer and who had not previously thereto paid a benefit charge for
the construction of said sewer, provided that said Commissioners shall
classify said property and determine a front-foot charge to be paid
by said property owner as though his or her property abutted on said
sewer; and, in the event of such connection being made, said property
owner and said property as to all charges, rates and benefits shall
stand in every respect in the same position as if said property abutted
upon a sewer line.
E. Collection and liens of benefit charges. All benefit
assessments shall be payable to the Treasurer of the Commissioners
of Hebron immediately upon being levied and shall be overdue and in
default after sixty (60) days from that date, at which time the Treasurer
of said town may proceed to enforce payment thereof, and the said
benefit charge or any judgment or decree obtained as a result of defaults
in payment thereof shall bear interest at the rate of one percent
(1%) per month from and after said time that the benefit assessment
or other charges are in default. Annual benefit assessments or charges
shall be a first lien upon the property against which they are assessed,
until paid, any statute of limitations to the contrary notwithstanding,
subject only to prior state, county and town taxes; and, if any property
shall be sold for state, county and/or town taxes or all three (3)
by the Director of Finance of Wicomico County, Maryland, as provided
in Article 81 of the Annotated Code of Maryland (1969 Edition) and
the amendments thereto, said Director shall collect said benefit charges.
If any liens, benefit assessments or other charges remain unpaid for
sixty (60) days after becoming due, they may be collected by an action
of assumpsit or by a bill in equity to enforce such liens, and any
judgment or decree obtained where the defendants have been served
by subpoena or in any other manner provided by law shall have the
force and effect of a judgment in personam; and the Treasurer, on
behalf of the Commissioners, may sue for collection of town taxes
and such benefit charges. Any judgment or decree obtained by the Town
Treasurer shall have the same priority as the charge or assessment
for which it was obtained. In addition to any other methods of collection
herein provided, the Town Treasurer shall have the right to enforce
collection of any benefit assessments or ad valorem taxes in the same
method and manner and by the same procedure provided for the collection
of state, county and town taxes.
The Commissioners of Hebron shall annually levy
upon all assessable property liable to taxation in the Town of Hebron
at the regular tax-levying period an amount sufficient to meet and
pay the interest on said bonds so issued and outstanding and to meet
and pay the principal of said bonds as they shall become due, which
tax shall be levied and collected and shall have the same priority
rights, bear the same interest and penalties and in every respect
be treated as other town taxes now are. Said amount so levied and
collected shall be kept in a separate fund for the payment of said
interest and principal and for no other purpose whatsoever.
The said Commissioners shall have authority
to design, construct, maintain and operate a sewerage system and sewage
treatment plant and to acquire by gift, purchase, lease or condemnation
all lands, either in fee or as an easement, improvements, watercourses
and water rights necessary therefor.
The said Commissioners shall cause surveys,
studies, plans, specifications and estimates to be made for the establishment
and construction of a sewerage system and a sewage treatment plant,
including sewer trunk lines, force mains, lateral sewers, intercepting
sewers and pumping stations. The sewage treatment plant may be located
within or outside the corporate limits. Whenever plans shall have
been completed for this project or any part thereof and the said Commissioners
shall have decided to proceed with the construction thereof, they
shall advertise by notice in such newspapers as they may deem proper
for bids for the construction of said work, in part or as a whole,
as in their judgment shall appear advisable. The contract shall be
let to the lowest responsible bidder or the Commissioners may reject
any and all bids, and if, in their discretion, the prices quoted are
unreasonable, they may readvertise the work or any part thereof or
may do any part or all of the work by day labor. All contracts shall
be protected by such bonds, penalties and conditions as the said Commissioners
shall require, all of which shall be enforceable in any court of competent
jurisdiction.
For the purpose of providing funds for maintaining
and operating the sewerage system and sewage treatment plant contemplated
by this Article, including overhead expense and depreciation allowance,
the Commissioners of Hebron are hereby authorized, empowered and directed
to make such service rates or charges as may be necessary, chargeable
against all properties having a connection with any water pipe or
sewer main under the ownership of the said Commissioners. Said rates
shall be uniform throughout the Town of Hebron, but subject to change
from time to time as necessary. These rates and charges shall be in
addition to the rates, rents or charges for the furnishing of water
or other municipal services.