1/20/2011 SEWER COMMISSION Minutes

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-2- B. Water Special Assessments Cities, towns and districts may assess all or a portion of the cost of installing water distribution system plant in public and private ways. This includes the cost of pipes, other materials and labor and other incidental expenses. G.L. Ch. 40 §42G. In order to make the assessments, the city council, town meeting or district meeting must accept G.L. Ch. 40 §§42G, 42H, 421 and 42K (to use uniform unit method) and authorize the assessments for the project by vote, ordinance or by-law. C. Sewer Special Assessments Cities and towns may assess all or a portion of the costs of sewer system plant and facilities. This includes the cost of general benefit facilities, such as pumping stations, trunk and force mains, and special benefit facilities, such as mains serving adjacent properties. G.L. Ch. 83 §15. City council or town meeting authorization by vote, ordinance or by-law is required to make the assessments. D. Sidewalk Special Assessments Cities or towns may assess no more that fifty percent of the cost of sidewalk original construction or reconstruction with material of more permanent character, and may by ordinance or by-law limit the amount assessed on each parcel to no more than one percent of preceding year's assessed valuation. G.L. Ch. 83 §26. III. ASSESSMENT PROCEDURE A. Ordering Improvement and Assessment The Assessing Board (City/Town Council, Board of Selectmen, Water/Sewer/Road Commissioners) must formally adopt an order for construction of the improvement that describes the area to be benefited by the particular project and states that betterments or special assessments will be levied for the improvement. l. Betterments: The order must describe the area to be benefited, referring to a plan of the area, and contain an estimate of the betterments to be assessed on each parcel within the area. G.L. 80 §2. 2. Water Assessments: The order must identify the ways in which the pipes will be laid and describe the parcels not abutting the ways that will be assessed. G.L. 40 §§42G and 42I. 3. Sewer/Sidewalk Assessments: The order must identify the ways in which sewer/sidewalk is located. G.L. Ch. 83 §§25 and 27.