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List to be exhibited
streets, highway or highways, lane or lanes, alley or alleys in which the sewers are built, as aforesaid, the owners of such property, and the amount to be assessed against each. Upon the completion of such list a copy shall be exhibited in some public place within the Town of Newark for one week, and a notice of such exhibit shall be advertised in one or more newspapers published in the Town of Newark, in at least two successive issues thereof, said notice shall also state a time and place when and where the Sewer Cominission shall sit with the Council of "the Council of Newark” to hear any and all objections which may be made against said assessments as set forth in aforesaid list. The time of such meeting shall not be less than one week, nor more than three weeks after the date of the last issue of such notice. The Council of "the Council of Newark” shall meet with the Sewer Commission in joint session on the evening of the day appointed in said notice, from eight o'clock P. M. to ten o'clock P. M., and may adjourn from night to night, and shall hear all objections which may there be made to such assessment list, and shall make such alterations and corrections in said list as the joint body, thus sitting, may deem proper, and in compliance with the provisions of this Act, and for this purpose each member of such joint body shall have an equal voice upon all matters concerned in the questions for which such joint session is called to consider: A copy of such assessment list, as thus altered and corrected shall, within one week after the date of the last session, held as above described, be exhibited for one week in the same place as the original list was exhibited, or in some other public and convenient place.
To hear objections
Sewer Com- At the expiration of the one week aforesaid, the asmission to certify assessment sessment list, as altered and corrected, as aforesaid, tary of Council shall be certified by the said Sewer Commission to the
Secretary of the Council of “the Council of Newark” for
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collection, and from the date of such certification, the several amounts shown upon such list as assessed against the properties shall be a lien upon the property upon which such assessment is made, and such lien shall have priority of any lien, encumbrance or conveyance except taxes and prior liens for public improvements. No error or mistake in regard to the name of an owner shall be held to invalidate any assessment so made, and it shall be sufficient if the name of the last owner, as shown by the record in the office of the Recorder of Deeds in and for New Castle County, appears upon such assessment list.
Section 13. Immediately after such assessments are certified to the Secretary of the Council of “the Council of Newark” for collection, said Secretary shall prepare statements of such assessments against each property so assessed, and shall mail or deliver, or have delivered, Secretary to such statements to the party whose name appears as the to names owner of such property. If mailed to the last known address of such party, it shall be sufficient evidence that the Secretary has carried out the intent of this Act, and in connection with the proceedings already described for exhibiting the assessment lists, be full and sufficient notice of such assessment.
Section 14. All sums paid on account of such assess- Sinking Fund ment shall be paid to the Treasurer of “the Council of Newark,” who shall give his receipt therefor, and all such sums shall be by him deposited within forty-eight hours of their receipt, in some banking institution in the Town of Newark, as a “Sinking Fund for Sewers,” and shall be kept entirely separate and distinct from any other funds handled by said Treasurer. All such amounts thus received shall form a sinking fund, and shall only be paid out for the purpose of paying the indebtedness incurred for building said sewers and disposal plant
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hereinafter authorized, and for paying the interest thereon, as it becomes due.
Section 15. All assessments shall be made upon the property abutting upon that portion of any street, highway, lane or alley in which any public sewer may be constructed under the provisions of this Act, and shall be based upon the lineal feet of such property, each lineal
foot within the limits of the Town being assessed alike, Assessment of provided, however, that where a property is situated at
a corner of two such streets, highways, lanes or alleys, or otherwise so situated as to be assessed for the cost of building a sewer in one of such streets, highways, lanes or alleys, only the front (as determined by the joint session of said Council and Commission as described in Section 12 of this Act) of such property shall be liable for such assessment; and further provided that said joint session shall, in all cases, decide what portion of a corner property shall be considered frontage, and what portion side frontage, and in all corner properties the side frontage shall not exceed one hundred and twentyfive (125) feet, and such side frontage, thus determined, shall be exempt from the payment of any sewer assessment, unless the owner or owners thereof should, after the side frontage is fixed, as aforesaid, decide to make such side frontage the front of said property, in such case he, she or they shall pay such additional assessments as the joint session may determine upon in accordance with the provision of this Act; and provided further that no property, or portion of property shall be assessed for the cost of constructing the system of sewers and disposal works, unless such property, or some portion thereof, shall abut and be bounded upon that portion of the street, highway, lane or alley in which a sewer has been built, or unless such property or a portion thereof has a right of access to said street, highway, lane or alley, or desires to use said sewer before a sewer is
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constructed upon the street, highway, lane or alley upon which said property abuts, in either of which case the said property shall be liable for the same assessment as though the sewer was constructed in the portion of the street, highway, lane or alley upon which such property abuts, and the said property shall not be liable for any further assessment for sewer purposes.
Section 16. Where any such assessment shall be made upon any land for the cost of constructing a sewer, or a system of sewers and disposal works, the property so assessed shall have the right to be connected with such Sewer connecsewer under and subject to such rules and regulations assessed as may be prescribed by the Sewer Commission during its life, and by the Council of “the Council of Newark” thereafter.
Section 17. All assessments, so made, shall be due Payments of upon the date of the certifying of the same to the Secretary of the Council of “the Council of Newark” for collection, and if paid in full within thirty (30) days after the date of such certifying, a discount of five per centum shall be allowed from the amount of such assessment, and shall be accepted by the Treasurer of "the Council of Newark” as a full payment and release of the lien made on account of such assessment. Upon all payments made after thirty days after the date of certifying, as aforesaid, the full amount of the assessment shall be paid, with interest, at the rate of six per centum per annum, computed from the date of certifying, as aforesaid, and said interest, so computed, shall be added to the amount of said assessment. Any property owner, at his, her or its discretion, to be expressed in writing to the Sewer Commission, within thirty days after the certi- Annual installfying of the assessment, as aforesaid, pay the said as- assessments sessments in five equal annual installments, together with interest, from the date of certifying said assess
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ment, as aforesaid, payable annually; the first installment to be due and payable within thirty days from the date of certifying, as aforesaid, and each subsequent installment, with accrued interest, to be due and payable, on the first day of October in each year thereafter. Any property owner may have the right at any installment period to pay the balance due on his, her, or its assessment, in full. All assessments shall be due and payable to the Treasurer of “the Council of Newark."
Asgessment becomes due in thirty days when installment is not adopted or if adopted not lived up to
Section 18. In all cases where the property owner does not elect to pay in installments, or, having elected to pay in installments, fails to pay the first installment in thirty days after the date of certifying, as aforesaid, he, she or it shall be held to have waived the right to pay in installments, and the entire assessment, together with accrued interest from the date of certifying, as aforesaid, shall immediately thereafter become due and payable. If the property owner who has not elected to pay in installments, fails to pay his, her or its full assessment within thirty days after the date of certifying of
such assessment, as aforesaid, or, having elected to pay Failure to pay in installments, fails to pay the first installment within
thirty days after the date of the certifying, as aforesaid, or makes default in the payment of any annual installment, or the accrued interest thereon, the whole of such assessment shall immediately become due and payable, and in any such case it shall be the duty of and the Council of “the Council of Newark” is hereby directed, to proceed forthwith to collect all of such assessment, and the accrued interest thereon in the manner now provided
for the collection of delinquent taxes due for town pur18 and Chap... poses in an Act entitled “An Act to re-incorporate the
Town of Newark," being Chapter 175, Volume 18, Laws of Delaware, and all Acts amendatory thereof and supplementary thereto, and under an Act entitled “An Act to Provide for the Collection of Taxes Levied and As
Collection to be made under
419, Vol. 22