§ 17-7. Water main extension assessments.

(a)

Before the board of aldermen shall make an appropriation for the extension of any water main as permitted by section 7-137c of the general statutes, it shall hold a public hearing with regard to such proposed extension at which time any resident of the city may be heard with regard thereto. Notice of such hearing, which notice shall identify the approximate area of the proposed extension, shall be published in a newspaper having a circulation in the city not later than seven (7) days prior to the hearing. At such hearing the board of aldermen shall have available such cost estimates as it may then have with regard to the proposed cost of the extension. Within sixty (60) days after the conclusion of the public hearing the board of aldermen shall determine whether it intends to proceed with the extension and if it intends to proceed with the extension, it shall appropriate such funds in such manner as is permitted by the Charter of the city.

(b)

Whenever the board of aldermen shall, pursuant to the Charter of the city, appropriate funds for the extension of water mains as permitted by section 7-137c of the general statutes, the owner of each property abutting such main shall reimburse the city for his proportionate share of the cost of the extension according to the following formula.

(c)

The total cost of any extension shall be calculated and determined by the board of aldermen within one hundred twenty (120) days after the extension has been completed. The total cost shall include the cost of water mains, including materials, installation, pumping stations, service connections, curb, sidewalk and highway repairs, and the cost of the installation of gate valves and shut-offs, land acquisition and incidental expenses.

(d)

The board of aldermen shall determine the proposed share of each property owner proportioned in such a way that the municipality shall be ultimately be free from any costs of the extension and expenses incidental thereto except where any portion of the water main or service is to be used for a municipal purpose, in which instance the municipality shall contribute a fair proportion of the expense representing such proportional municipal share.

(e)

In a residence zone the proportionate share of each property owner abutting the main shall be determined by dividing the total cost of the extension as calculated by the board of aldermen, by the number of residential lots capable of being served by the water main and abutting the water main. The sum thus derived shall be the proportionate share.

(f)

Such proportionate share shall be the proposed assessment for each property owner. The board of aldermen shall direct such proper city officials as it determines to prepare a list of the proposed assessments which list shall identify the property to be effected by the proposed assessment, and shall contain the name and address of the owners thereof as on file with the assessor of the city as of the date that the list is prepared. The list shall be filed with the town clerk. The board of aldermen shall establish a date for a public hearing which shall not be later than sixty (60) days following the determination of the proposed assessment and shall cause a notice of public hearing to be published in the newspaper having a circulation in the city at least once and not less than seven (7) days prior to the hearing date. A notice of the proposed assessment shall be mailed to each landowner of record abutting the water main and such notice shall indicate the date, place and time of the public hearing and advise that any person desiring may appear and be heard. The notice shall be mailed to the address on file with the assessor as of the date of mailing and shall be mailed United States mail, postage prepaid, not later than fourteen (14) days prior to the hearing.

(g)

At such hearing the board of aldermen shall cause to be placed on the record the basis of the cost calculation that it has made and the method selected in determining the fair share of each property owner.

(h)

Within thirty (30) days after the hearing the board of aldermen shall make such assessments as it finds to equal the fair proportionate share of each property owner in accordance with section 7-137c of the general statutes and shall cause a notice of the assessment containing the names and addresses of the property owners and the amount of the assessment and identifying the property in a newspaper having a substantial circulation in the city.

(i)

The assessment shall be due and payable within sixty (60) days of the date of the action by the board of aldermen provided that the board of aldermen may permit the assessment to be paid in installments for a period not to exceed ten (10) years, provided that the property owner shall pay interest on the principal balance at the rate to be established by the board of aldermen which note shall be not less than the interest rate being paid by the city on any obligation incurred to finance the project. Notice of the assessment shall be recorded in the land records of the city.

(j)

In the case of any land zoned residential or classified pursuant to sections 12-107a to 12-107e of the general statutes inclusive, as farm land, forest land or open spaced land on the last completed grand list of the city, which exceeds by more than one hundred (100) percent the size of the smallest lot permitted in the lowest density residential zone allowed under the zoning regulations, assessment of such excess land shall be deferred until such time as such excess land shall be built upon or a building permit issued therefor or until approval of a subdivision plan of such excess property by the planning and zoning commission, whichever event occurs first, at which time the assessment shall be made. In the event that such assessment is deferred, the clerk of the board of aldermen shall cause a caveat to be placed on the land records in form satisfactory to the board of aldermen and to the corporation counsel.

(k)

In an industrial and commercial zone, the proportionate share of each property owner abutting the main shall be determined in each case on a case by case basis on a front foot or other equitable basis provided that if residential or agricultural property or property zoned for residential or agricultural use abuts lines of construction of water mains to be used for industrial or commercial purposes, or partly for commercial purposes, or partly for commercial or industrial purposes, and such property is not being used for such purposes, the proportionate share of the owners of such property shall be computed on a front foot or other equitable basis for a standard or minimum size main.

(l)

In any case where need for a particular extension is in response to a community pollution problem as defined by section 22a-423 of the general statutes and a grant is received from the commissioner of environmental protection, the city may waive such reimbursement to the extent of any grant actually received.

(m)

If a water main has been installed and an assessment has been made and thereafter the city receives reimbursements as a result of a tie-in by a particular property owner, the amount of such tie-in shall be applied to the payment of the assessment of each the property owner. In the event that any assessment has been paid in full at the time that a guarantee reimbursement or a tie-in reimbursement is received, the city shall pay a sum equal to the reimbursement or tie-in fee to the record owner of the property at the time that the tie-in is made or that the guarantee is made.

(n)

All water mains shall be installed in existing streets or rights-of-way whenever possible.

(o)

All mains shall have a tap brought to the edge of the right-of-way of the city abutting the land of all adjoining property owners so as to avoid disruption of the surface of the highway when and if a particular property owner determines to make use of the water service.

(p)

Within sixty (60) days of an assessment made pursuant to this section and section 7-137c of the general statutes, the owner of any property assessed may appeal to the superior court pursuant to the provisions of section 7-137c of the general statutes.

(q)

If the cost of the water main installation has been reduced because of the fact that any individual property owner or owners has executed a guarantee agreement with the utility, before calculating the total cost of the project for purposes of determining assessments, the board of aldermen shall add to the contract price all such credits. When the individual assessments have been determined, there shall be deducted from the assessments of those persons who have signed guarantee agreements, an amount equal to the credit which has been previously received by the city. In the event that any guarantee agreement is signed by a property owner, after payment has been made to the utility and the utility refunds a sum of money to the city, the sum of money derived from the guarantee of each particular property owner shall be applied to the assessment of that particular property owner.

(r)

If as a result of a further extension of a waterline assessed under the provisions of this section, additional rebates are received because of the further extension, the rebates shall be prorated among those properties originally assessed and the sums credited against any outstanding assessment or paid to the then record owner if the assessment has been paid in full.

(Ord. No. 473, 1-24-85; Ord. No. 478, §§ A, C, 3-4-85)