Town of Southington, CT
Hartford County
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[HISTORY: Adopted by the Town Council of the Town of Southington 11-27-1978; amended in its entirety 8-23-1999 (Ch. 20, Art. III, of the 1989 Code). Subsequent amendments noted where applicable.]
The Town Council is authorized to apportion and assess the cost or expense of laying out and constructing such water mains as it caused to be extended upon the lands and buildings in the Town, which shall, in its judgment, be specifically benefited thereby and shall abut on such work, and upon the owners of such land and buildings, subject to the right of appeal as by statute may be permitted. In determining that portion of the cost or expense which is commensurate with the benefits covered on abutting properties for the purpose of making assessments on such properties, the Town Council may consider the cost of materials, installation, service connections, curb, sidewalk and highway repairs, the cost of installation of gate valves on shutoffs, any compensation, fees, charges and expenses of any attorney, engineer, surveyor, superintendent or inspector employed by the Town Council, the cost of any property purchased or acquired as the Town Council shall determine is required for such extension, interest on bonds or notes issued therefor, the costs of preparing maps, plans and specifications, the cost of installation of one service lateral to each existing or projected lot to be serviced by such main, and the cost of printing, publishing or serving advertisements or notices. In computing the amount of such assessments, whenever larger than eight-inch pipe is installed as part of such extension, the extra cost of installing a pipe larger than eight inches shall not be assessed against the owners of abutting properties, but the cost of installation in excess of the cost of installing an eight-inch pipe shall be paid for by the Southington Water Department. It shall be the intent of this chapter that a uniform front foot rate for such water main extension shall be established so that in areas where higher costs are encountered or where conditions would result in higher than average cost, such abutting property would pay only the average cost per front foot. A corner lot or a lot belonging to the same owner and abutting upon more than one serviced street shall not be assessed on the same portion of such lot upon its total frontage on both of such streets but shall be exempt therefrom upon its frontage on one of such streets to an amount not exceeding the greater dimension provided for in the zoning classification adopted for the area in which the property is located, if the property owner owns that number of feet. In the case of property located on an angle or curve in any street, the total front foot measurement shall be estimated proportionately to the area of such property for a depth of 60 feet from the street. Properties used exclusively for railroad tracks, property covered by water, and cemeteries shall be exempt from being liable for reimbursement hereunder.
After completion of any water or other work for which benefits have been assessed hereunder, said Commission shall give notice that the benefits assessed are due and payable, by publication at least twice in a newspaper having a substantial circulation in said Town of Southington, and all benefits assessed shall be due and payable within 90 days after the first publication of such notice. And in the event of default in such payment, interest at the rate of 1% per annum above the rate then being charged on installment payments shall be assessed from the date of such assessment. All assessments made under the provisions of this act may be apportioned by the Commission into such number of equal annual installments, not exceeding 10, as any person or corporation responsible for any such payment may request in writing, provided that written request for such installment payment is made on or before the date such payment is due and payable, and provided the first installment is paid on or before such due date. If installment payments are made, interest on the unpaid balance of such assessment shall be added to each of such installments at such a rate as may be determined and from time to time be redetermined by the Commission, and if any such installment or interest remains unpaid for more than 30 days after the same has become due and payable, then the entire balance remaining unpaid, at the option of the Commission, shall become due and payable and interest at the rate of 1% per annum above the rate then being charged on installment payments shall be charged upon the entire unpaid balance of assessment from the time when such installment or interest became due until the same is paid. The one-percent per annum penalty interest rate shall terminate in the case of late installment payments when and if said payments cease to be in arrears. Nothing herein contained shall be construed to prevent the payment in full, notwithstanding its prior apportionment, of any balance of any assessment or interest.
Pursuant to C.G.S. § 7-137c, as amended by Public Act No. 99-225, the Town Council shall have the authority, by resolution, to permit water main assessments made under § 400-1 to be deferred. Requests for such deferral shall be made in writing by the affected property owner or representative, to be received by the Town during a period of at least 30 days from a date set by vote of the Town Council.
The owner of any property for which a deferral has been so granted shall be required to pay such assessment in full at such time as said property is connected to the water main.
During the period of such deferral, no interest shall accrue upon the assessment so deferred.
If the cost of installation of said water main has been paid by the Board of Water Commissioners for the Town of Southington, the proceeds of payments made on deferred assessments shall, on receipt, be paid to said Board.