Page:United States Statutes at Large Volume 46 Part 1.djvu/1241

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SEVENTY-FIRST C ONGRESS . SESS. III. CH. 246. 1931 . exclusive of improvements thereon, as assessed for the purpose of Com putation of as- taxation at the time of the paving or repairing of the street, avenue, sessments against un- or road for which said assessment is levied . In computing assess- subdivided land . ments hereunder against unsubdivided land by the square foot or according to the assessed valuation, there shall be excluded from the computation land lying back more than one hundred feet from the street, avenue, or road being improved where the depth is even

where the . dep th is uneven, the average depth sh all be tak en in computation, but not to exceed one hundred feet. Pr operty exempt SEC. 5. No property on which a legal assessment has been levied from replacement costs, if assessments paid . and paid for paving or repaving, curbing or curbing and guttering, on the roadway of any street, avenue, or road, shall be liable for any further assessment hereunder on account of the replacement of such pavement, curbing, or curbing and guttering . If roadway paved at SEC. 6. No assessments shall be levied for repaving where the owne r's cost, under permit, etc. . original pavement was laid at the whole cost of the owner or owners of the abutting property if the said original pavement was con- structed under a permit issued by the District of Columbia and under the supervision and direction of an authorized engineer and inspector of the Highway Department of said District, in strict a ccordance with t he then current specifications an d design for pav e- Credit given, if road- ments of the type for which permit was issued : Provided, That where way partly paved by curb, or curb and gutter, or a part of the roadway has or have been owne r, completed at expense .

paved under proper permit, subject to engineering and inspection publi c as above stated, the assessment for paving other parts of the road- way, placing curb, or cu rb and gutter, when the same is done at public expense, shall be made against property abutting on the highway as provided herein, credit being given in such assessment for the ha lf co st of the pavement laid by the owner un der permit Cost to owner not to a s above, estimat ed on the basis of the contract r ates for such wo rk exceed one-half total at the date of the performance of the assessable work, so that the cost. total cost to the owner for such improvements shall not exceed the a mount of ass essments whic h would have been made he reunder had the improvements been all made at public expense . Resurfacing costs . SEC. 7 . No assessment shall be levied for the cost of resurfacing asphalt pavements by the heater method-stripping the surface from a rigid ty pe ba se, and replacing su rf ace thereon-or cov er ing an existing hard surface or macadam pavement or base with bituminous Proviso.

material : Provided, That where an entire pavement is removed and Replacing costs to be assessed, if no previous replaced with a pavement of the c haract er sp ecifie d in sectio n 1 assessment levied, etc. hereof, the cost of the latter pavement shall be assessed as provided herein, if no previous le gal assessment has been levied and pa id t herefor . Total assessment against property abut- SEC. 8. When any property abuts two or more streets, avenues, or tingt woormorestreets roads, the assessments against said property levied hereunder shall etc ., li mited . not exceed in the ag gre ga te, together wi th any leg al assessments heretofore levied and paid for the paving, curbing, or curbing and guttering of or on said streets, avenues, or roads 31/2 cents per square f oot of area of s aid property, or 20 per centum of the value of sa id property, exclusive of improvements thereon, as assessed for pur- p oses of taxation at the time of the paving or rep aving, curbing, or curbing and guttering for which the assessment is levied . co llecti on of asses s- SEC. 9. The assessments provided for herein shall be made and menus . Vol . 28,p .248.

collected as provided in the Act of Congress approved August 7, Interest rate . 1 894, relating to alleys and side walks, as amended hereby . The ra te o f interest to be charged upon an y assessment, lev ied under said A ct relating to alleys and sidewalks, or any installment thereof, is reduced hereby fro m 8 per ce ntum per annum to 6 per cen tum per an num