USA > Massachusetts > Norfolk County > Weymouth > Town annual report of Weymouth 1945 > Part 6
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Under Section 18 of Chapter 83, the Town may determine that assess- ments shall be by two or more of the methods provided in the preceding sections and may determine what part of the cost shall be paid under each method.
Where property is not built upon, the General Laws permit of deferring interest at a rate at least equal to that paid by the Town on any loan for payment of principal on sewer betterment assessments, but requires that sewer purposes shall be paid annually upon assessments from the time it is
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made, and the assessment itself shall be paid within three months on such fixed time after the land is built upon.
Sewer Construction Program
As soon as the Town accepts the provisions of the 1945 Sewer Act, elects the method of financing, and votes funds to start construction, experience has demonstrated that sewer construction will proceed yearly thereafter until a large portion of the developed districts in the town will be sewered. As an illustration, we cite the experience in the Town of Needham which, in 1925, instituted a sewer construction program. At that time, the assessed valuation of the Town was about $15,700,000. In the first ten years the sewer construc- tion account amounted to $400,000 and at the end of 20 years a total of about $550,000 had been expended. This has been accomplished in spite of depres- sion and war conditions which have hindered normal developments. During this 20-year period the valuation of the Town increased to about $27,207,000.
In 1931 the Town of Braintree with an assessed valuation of about $25,500,000 started construction of its sewerage system. A total of $700,000 was spent in the first five years and an additional $150,000 in the next six years. Very little sewer work has been done since 1941 because of conditions brought about by the war.
It is reasonable and practicable for Weymouth with an assessed valuation of $52,000,000 to undertake a more extensive program than was possible for either Needham or Braintree. However, based on the experience at Need- ham and Braintree, and assuming the ability to finance sewer construction, to vary in proportion to the assessed valuation, Weymouth should be capable of financing sewer construction amounting to about $133,000 per year equiva- lent to $2,660,000 during the next 20 years.
For purposes of this report we have assumed a sewer construction program in Weymouth amounting to $2,500,000 for the first 20 years.
Sewer Entrance Fees
Charges for sewer entrance fees are made in some communities in this state. The usual practice is to collect the entrance fee before making the house connection to the sewer. The entrance fee varies from a minimum of $15.00 to a maximum of $125.00 for a single house or tenement. In some cases special rates are established for apartment houses, stores and factories. The collection of entrance fees is very simple compared with the collection of betterment assessments. However, the entrance feemethod of' raising funds for the construction of sewerage works has certain unfavorable charac- teristics as compared with the betterment assessment plan.No fee is usually collected until a sewer connection is to be made. Unless conditions of sewage disposal on the premises constitute a nuisance the owner cannot be forced to make a connection and such lots as well as vacant land would be unassessed in spite of the benefits accruing to the property because of existence of the sewer.
It would be difficult to compute an entrance fee that would be reasonably equitable in a majority of cases.
The amount of funds obtainable from entrance fees is difficult to forecast and in all probability would not be an appreciable factor in financing the construction of sewerage works.
· Combined Sewer Betterment Assessment and Entrance Fee
This plan of sewer assessment permitted under Section 18 of Chapter 83 of the General Laws has been used in Massachusetts in only one instance on record. The Town of Millis has a $50 sewer entrance fee. During the early years of sewer construction a sewer betterment assessment of $1 per foot of frontage was levied to augment the income received from the entrance fees. This assessment was subsequently abandoned and further extensions have been paid for out of the general tax levy.
There appears to be no particular advantage in combining sewer better- ment assessments and entrance fees for the conditions in Weymouth.
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Direct Taxation of Total Amount
Under the terms of the Sewer Act the Town may, if it so desires, vote to pay the entire cost of the construction of the sewerage system, eliminating any payment of entrance fee or betterment assessment. This method eliminates the work and problems incidental to any plan involving sewer betterments. The Town would appropriate and pay out of the general tax levy from time to time as the need develops all costs of sewer construction. However, it would be advisable to have a sewer commission to manage the work.
If the Town as a whole continues to be in financial position to undertake the construction of sewers, without assistance from assessments on property particularly benefited, and extension of sewers can proceed as the demand and need develops, this method has much of merit. On the other hand, owners of extensive properties who may not be served by the sewerage system for many years and receive no direct benefit could conceivably object to this plan, particularly when a reasonable alternate plan is available under which those directly benefited and served by the sewerage system pay a reasonable portion of its costs.
The cost of construction of the sewerage system with no income from betterment assessments may amount to about $1.80 per thousand valuation on the average for the next 20 years.
Betterment Assessments
Under Chapter 47 of the Acts of 1945 (our Sewer Act) the Town of Wey- mouth may, if it so votes, avail itself of the methods permitted under the General Laws for Sewer Betterment Assessments
The betterment assessment plan is based on the principle that the con- struction of a sewer in a street enhances the value of the abutting property irrespective of how this property may be at present developed and apart from any actual use which may be made of the sewer. Property not built upon at the time of sewer construction may at any time thereafter realize the full value of the sewer as the property is developed. Sewer betterments pertain to the land and should, therefore, be apportioned on some logical and uniform basis upon the physical dimensions of the property. The construction of a sewerage system results in the protection of the health of the community, from which all citizens derive an indirect return, regardless of actual use or opportunity to use the system. It fosters development of the community and without it a point is reached where further developments are retarded, and in time a serious health problem arises for the community. In the con- struction of a'sewerage system trunk sewers and pumping stations are required, and a substantial portion of the cost is due to topographical conditions and the necessity to dispose of the sewage collected by the system. Therefore, a portion of the cost of the sewerage system should be paid by the munici- pality as a whole and raised through the general tax levy.
> The advantages of assessments for sewer betterments may be summarized as follows:
1. Property which is benefited by the construction of sewers is assessed directly for a portion of the construction cost in proportion to the bene- fit received.
2. Property which is not directly benefited is not taxed to the same degree as property which is directly benefited.
3. The income from betterment assessments creates a reserve fund which by town appropriation may be made available for further work in the construction of sewers. Direct appropriation out of general tax levy for further extension of sewers is relieved to the extent that funds be- come available in the sewer assessment reserve fund.
Method of Determining Sewer Betterment Assessments
Sewer betterment assessments are commonly made on the basis of :
1. Frontage
2. Area
3. Combination of frontage and area
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On the basis of frontage alone it is a simple matter to make the surveys and to compute the assessment. However, if the shape and size of the lots vary greatly, and if streets are laid out in other than a rectangular pattern, this method of assessment may not be satisfactory. The method is not equit- able for both shallow and deep lots and does not provide for development on the rear portions of lots.
Assessments based on area alone may also be subject to inequalities be- cause of variations in shape of lots. The area method provides for assessment in proportion to the size of lot without regard to the proximity of the land to the sewer or without regard to the length of the sewer pipe adjoining the lot ..
Objections to the use of the frontage method or of the area method can be overcome in part by the combination of the two methods. For Weymouth, where a considerable portion of the town is not laid out in rectangular pat- tern, the combination frontage and area method appears to be advisable. For the frontage and area method, consideration should be given to depth of area to be assessed and to the exemption of some frontage on corner lots. The area is commonly figured to a depth of 100 ft. from the street line. On corner lots, frontage exemptions vary from 50 to 100 ft. Less trouble is caused in the collection of assessments on corner lots where the area is figured to a depth of 100 ft. if a frontage exemption on one side is made to a length of 100 ft.
It should be anticipated as a part of any assessment program that it will be necessary to abate a few assessments in part or in whole in order to arrive at equitable conditions.
Annual Payment for Sewer Betterment Assessments
Betterment assessments may not be a severe burden on the individual property owner as it is his privilege to elect to distribute his payments over a period of 10 years. Interest at a rate at least equal to that paid by the Town on any sewer loans must be paid by the property owner on the unpaid portion of the principal. For a lot with 75-ft. frontage and parallel sides to a depth of 100 ft. or more, the assessment, if based on $1 per foot of frontage and 1c per square foot of area to a depth of 100 ft., would be $150. The annual pay- ments with interest charge at 3% would average about $17.00.
Sewer Assessments as an Aid to Financing Construction of Sewers
In order that an appreciation may be had of the value of sewer assess- ments in financing sewer construction, a study has been made of the possible program for financing the construction of sewers over the first 20 years after the construction of the sewerage system is undertaken. This study has been based in part on the following premise :
1. The adoption of a sewer betterment assessment based on $1 per front foot plus 1c per square foot of area to a depth of 100 ft. and a frontage exemp- tion of 100 ft. on corner lots. This basis of assessment is equivalent to $2 per front foot on lots with parallel sides and a depth of 100 ft. or more.
2. The payment of 50% of the assessments in full during the year of construction and of the remaining 50% in equal annual payments over a period of 10 years with interest charge at 3%. Experience at a number of municipalities indicates this to be a reasonable assumpton.
3. The assumption that the assessable frontage on assessable lines will be 1.5 times the actual length of the sewer. This is based on assumption that both sides of the street are assessable and allows for street intersections and exemption of 100 ft. on corner lots.
4. The assumption that the assessable area will be the assessable frontage times 80. The factor 80 is based on the assumption that the area will be assessed to a depth of 100 ft., but allows for irregular shaped and shallow lots.
5. A sewer construction program with a cost of $1,000,000 over the first five years, and $100,000 per year for the next 15 years.
6. The Town will appropriate during the first five years out of the reserve fund sums totaling $500,000.
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7. Funds will be transferred from the sewer betterment assessment re- serve fund to the sewer construction account annually as they accumulate in units of $5,000.
8. Sewer constructions will be done on a pay-as-you-go basis with no bonded indebtedness paid out of the general tax levy. It is quite possible that it will be found desirable to borrow by means of short-term bonds in anticipation of revenue from sewer assessments. If, for instance, after sewer assessments are levied, and it is found that a substantial proportion of the property owners defer their payments over a period of years, the town can borrow in anticipation of the income from the sewer assessments.
Under the above assumptions the total construction cost of sewer work spread over a period of twenty years may be financed as follows:
Appropriation from the Reserve Fund during the first five years
Income from Sewer Assessment Fund Appropriation from General Tax Levy 1,275,000
$ 500,000 725,000
Total $2,500,000
The annual appropriation from general tax levy would be about $63,800, equivalent to about $1.22 per thousand on the present taxable valuation. Al- lowing for a nominal increase in taxable valuation, it is probable that the average cost of sewer construction under the plan herein recommended would be in the vicinity of $1.10 per thousand on the tax rate. This may be com- pared with a cost of about $1.80 per thousand valuation if the cost of sewer construction should be financed without the aid of sewer betterment assess- ments.
If the sewer betterment assessment plan herein recommended is adopted, about seventy per cent of the cost of sewer construction will be paid out of general tax levy and thirty per cent will be paid by the abutters.
Sewer Commission
If betterment assessments are voted by the Town it will be desirable to establish a Board of Sewer Commissioners who will be responsible for juris- diction of the Sewer Act, construction of the sewerage system and operation of the sewerage works. Acting on behalf of the Town, the Board will under- take and supervise the construction work, prepare sewer assessments, and supervise the operation of the sewerage system.
It will be advisable for the Board to select an engineer competent to operation and maintenance of the sewerage work. He should be competent handle the executive work required in the managements of the construction, to provide general supervision of sewer construction work, to supervise the making of the sewer assessment plans, the laying out of laterals and house connections, the general supervision of construction of such works and the normal operation and maintenance work of the sewerage system including pumping stations.
It will be necessary to prepare plans showing the location of the sewers as constructed. The location of all manholes, stubs, laterals, building connec- tions and other special sewer structures should be shown on the drawings. The location of properties on which sewer assessments are levied and the basis of the sewer assessment including frontage and area by lots should be indicated. Copies of the plans should be filed with the Registry of Deeds.
The Board may prescribe rules and regulations governing building con- nections and should receive and pass on petitions for the construction of sewers in certain districts and particular streets. It should conduct hearings for any party or parties desiring service or requesting adjustment, abatement or postponement of sewer assessments. It will take the necessary steps for taking, acquiring or purchasing lands, easements or rights-of-way required for sewerage purposes. It will be necessary for the Board to secure legal advice from the Town Counsel or other attorney-at-law in order that its acts may be in accordance with the laws, rules and regulations established for its conduct.
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The Board should prepare and render to the Town annually a report of its work, incorporating therein the report of its engineer who should describe in detail the work accomplished by the Sewer Department, and give a record of construction, operation and maintenance costs.
The Board should be constantly looking ahead and plan for new construc- tion work to meet the needs as they develop.
CONCLUSIONS AND RECOMMENDITIONS
1. A plan for financing sewer construction in the Town of Weymouth which includes sewer betterment assessments appears to be the most practical and equitable method for the local conditions. It will be many years before certain sections of the Town will need or can be served by sewers. Property owners in this area under the plan recommended will pay for the indirect benefit derived from the construction of a general system of sewers in the Town, but those who are directly benefited will pay a larger portion of the cost.
2. The income from sewer betterment assessments would be of substan- · tial aid in reducing the amount of construction funds required by appropria- tion out of the general tax levy.
3. Sewer Betterment assessments are in effect in at least 60 communities in Massachusetts and have been found to be a suitable and equitable means for financing a part of the cost of sewer construction.
4. There should be no undue burden placed on individual property own- ers as payments on betterment assessments may be spread over a period of 10 years if the property owner so elects.
. Payments of assessments on undeveloped properties should be post- poned until buildings are erected unless the owner desires to make payment. Interest must be charged on outstanding principal at a rate at least equal to that paid on sewer loans. However, if there are no sewer loans, interest if any, could be set at a low rate. The proposed financial program does not contemplate any loans for sewerage construction.
6. We recommend the adoption of a sewer assessment plan in Weymouth. The sewer assessment shall be based on a rate of $1 per foot of frontage plus 1c per square foot of area to a depth of 100 ft. On corner lots one side of the lot shall be exempted from assessment on a frontage of 100 ft.
Payment of assessments made upon vacant land shall upon request be extended until such land is built upon, but interest at a rate not less than the Town pays upon any loan for sewer purposes shall be paid annually upon assessment from the time it is made.
In no case shall the sewer assessment be made in excess of the actual benefit.
7. We recommend that a three-man Sewer Commission be formed to supervise the sewer construction program, the preparation of sewer assess- ments, and the operation of the sewerage system.
John W. Field, Chairman
George E. Lane, Clerk
Thomas J. Kelly
Russell H. Whiting
Thomas F Leary
Alfred C. Sheehy
Newland H. Holmes
APPENDIX A WEYMOUTH SEWER ACT-1945
An Act Authorizing the Town of Weymouth to Construct and Operate a System of Sewers.
Be it enacted by the Senate and the House of Representatives in General Court assembled, and by the authority of the same, as follows:
Section 1. The town of Weymouth may lay out, construct, maintain and operate a system or systems of main drains and common sewers for a part or
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the whole of its territory, with such connections and other works as may be required for a system of sewage disposal, and may construct such sewers or drains over and under land in said town as may be necessary to conduct the sewage to the south metropolitan sewerage system, and, for the purpose of providing better surface or other drainage, may make, lay and maintain such drains as it deems best. And for the purposes aforesaid, the town may, within its limits, make and maintain sub-drains, and, with the approval of the De- partment of Public Health, discharge the water from such sub-drains into any brook, stream or water course within the town.
Section 2. The town may make and maintain, in any way therein where main drains or common sewers are constructed, such connecting drains, under- drains and sewers within the limits of such way as may be necessary to connect any estate which abuts upon the way.
Section 3. The Board of Sewer Commissioners acting for and on behalf of said town, may take by eminent domain under chapter seventy-nine of the General Laws, or acquire by purchase or otherwise, any lands, water rights, rights of way or easements, public or private in said town, necessary for ac- complishing any purpose mentioned in this act, and may construct such main drains and sewers, sub-drains and under-drains under or over any bridge, rail- road, railway, boulevard or other public way, or within the location of any railroad, and may enter upon and dig up any private land, public land or railroad location, for the purpose of laying such drains and sewers and of main- taining and repairing the same, and may do any other thing proper or neces- sary for the purposes of this act; provided, that they shall not take in fee any land of a railroad corporation, and that they shall not enter upon or construct any drain or sewer within the location of any railroad corporation except at such time and in such manner as they may agree upon with such corporation, or, in case of failure to agree, as may be approved by the Department of Public Utilities.
Section 4. Any person injured in his property by any action of said Board of Sewer Commissioners under this act may recover damages from said town under said chapter seventy-nine.
Section 5. The town shall by vote determine what proportion of the cost of said system or systems of sewerage and sewage disposal the town shall pay. If the town votes to pay a proportion less than the whole cost, in pro- viding for the payment of the remaining portion of the cost of said system or systems the town may avail itself of any or all of the methods permitted by general laws, and the provisions of said general laws relative to the assessment, apportionment, division, reassessment, abatement and collection of sewer assessments, to liens therefor and to interest thereon, shall apply to assessments made under this act. At the same meeting at which it determines the proportion of the cost which is to be borne by the town, it may by vote determine by which of such methods the remaining portion of said cost shall be provided for. The collector of taxes of said town shall certify the payment or payments of such assessments or apportionments thereof to the said board who shall preserve a record thereof.
Section 6. For the purpose of paying the necessary expenses and liabili- ties incurred under this act, other than expenses of maintenance and operation, the town may borrow such sums as may be necessary, not exceeding, in the aggregate, five hundred thousand dollars, and may issue bonds or notes there- for, which shall bear on their face, the words, Weymouth Sewerage Loan, Act of 1945. Each authorized issue shall constitute a separate loan. Indebtedness incurred under this act shall be in excess of the statutory limit, but shall, except as provided herein, be subject to chapter forty-four of the General Laws.
Section 7. The receipts from sewer assessments and from payments made in lieu thereof shall be appropriated for and applied to the payment of charges and expenses incident to the maintenance and operation of said system of sewerage and sewage disposal or to the extension thereof, to the payment of interest upon bonds or notes issued for sewer purposes or to the payment or redemption of such bonds or notes.
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Section 8. The board of sewer commissioners may annually appoint a clerk and may appoint a superintendent of sewers who shall not be a member of the board. It may remove the clerk or superintendent at its pleasure and shall define their duties. Said board may, at its discretion, prescribe for the users of said sewer system or systems such annual rentals or charges based upon the benefits derived therefrom as it may deem proper, subject, however, to such rules and regulations as may be fixed by vote of the town.
Section 9. All contracts made by the board of sewer commissioners shall be made in the name of the town and shall be signed by the board, but no contract shall be made or obligation incurred by said board for any purpose in excess of the amount of money appropriated by the town therefor.
Section 10. Said board may, from time to time, prescribe rules and regulations for the connection of estates and buildings with main drains and sewers, and for the inspection of materials, the construction, alteration and use of all connections and drains entering into such main drains or sewers, and may prescribe penalties, not exceeding twenty dollars, for each violation of any such rule or regulation. Such rules and regulations shall be published at least once a week for three successive weeks in some newspaper published in the Town of Weymouth, if any there be, and if not, then in some news- paper published in the county of Norfolk, and shall not take effect until such publications have been made.
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