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Session Laws, 1973
Volume 709, Page 2351   View pdf image
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NEW CARROLLTON                                      2351

shall the Council levy an assessment to recover the cost of normal repairs or
maintenance to existing streets, sidewalks, curbs and gutters, drainage facilities or
other similar improvements. Before levying any benefit assessment as provided
herein, the Council must obtain in writing the approval of the owners of more than
50% of the abutting property against which the assessment is to be made.

B.    NOTICE OF PROPOSED ASSESSMENT. When the Council has
determined to propose an assessment for an improvement, the Administrative
Officer shall notify in writing all owners of property against which the assessment
is proposed to be levied, stating a time and place for a public hearing to be
conducted thereon. Said notice may be mailed to the last known address of the
owner, or served in person upon any adult occupying the premises. Said notice
shall state the nature and extent of the proposed project, the estimated costs of the
project, the portion of the cost to be assessed, the number of installments in which
the assessment may be paid, and the rate of interest the assessment will bear.
Notice of. said public hearing shall also be advertised in at least one publication of
general circulation within the City at least five days before the date of the hearing.
Following the public hearing, and upon obtaining the written approval of the
owners of more than fifty percent (50%) of the assessable property, the Council, in
its discretion, may vote to proceed with the project and to levy the assessment.
Any person feeling aggrieved by the levying of an assessment under the provisions
of this assessment shall have the right to appeal to the Circuit Court for Prince
George's County within ten (10) days after the levying of said assessment by the
Council.

C.    LEVYING OF ASSESSMENTS. All assessments levied under the
provisions of this Section shall be by ordinance of the City Council, and shall be a
lien on the property assessed, to be collected in the same manner as is provided for
the collection of real property taxes. The assessment against each abutting parcel
shall be for a share of the total cost of the assessable improvement equal to the
proportion thereof that the number of feet in said parcel abutting on such
improvement bears to the total assessable frontage on the part of the street or area
so improved, or shall be on such other equitable basis as determined by the
Council. The principal of such assessment shall be payable in twenty equal
semi-annual installments from the date of the assessment, and at the time of the
payment of each of the installments there shall also be due and payable the interest
on such installment and on the balance of the principal then unpaid. The rate of
interest shall be as determined by the Council in levying the assessment, and it
shall not exceed the rate of interest stated in the notice of the proposed assessment
mailed to the owners of assessable property as provided in this Section.

D.  COLLECTION. All assessments shall be billed and collected by the City
Treasurer, who shall be charged with the custody of all proceeds therefrom. All
collections shall be maintained in a separate fund in the accounts of the City. No
part of the proceeds collected may be used except to liquidate the notes, bonds, or
other evidences of indebtedness, and to pay the interest thereon, which may have
been issued to finance the improvements for which the assessment was levied.
When such notes, bonds or other evidences of indebtedness have been paid in full,
any remaining balance in the special assessment fund may be used for general
municipal purposes as directed by the Council.

SECTION 16. GENERAL BORROWING AUTHORITY.

A. AUTHORITY AND LIMITS. The Council may from time to time
authorize the Mayor to borrow upon the faith and credit of the City for general
administration purposes and payment of its obligations, and for financing
municipal improvements or purchases of property, structures, or equipment, and
improvements authorized as benefit assessment projects, such sum or sums of

 

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Session Laws, 1973
Volume 709, Page 2351   View pdf image
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