§8-18-8. Apportionment and assessment of cost.
The cost of the entire project, including the cost of all
improvements at and within intersections, shall be apportioned to,
and assessed against and borne by the properties abutting upon the
streets, alleys, public ways or easements, or sewer right-of-ways
or easements, in or upon which the improvements involved in the
project shall have been made. Each lot or parcel of land so
abutting shall be assessed, subject to the provisions of section
six of this article respecting assessment for sewer improvement of
corner lots, acreage not divided into lots and lots or acreage
sewered on more than one side or end, with that portion of the
total cost of the entire project which is represented by the
proportion which the abutting frontage in feet of such lot or
parcel of land bears to the total abutting frontage in feet of all
the lots or parcels of land abutting on the streets, alleys, public
ways or easements, or sewer right-of-ways or easements, so
improved: Provided, That if the character of the improvements
shall be substantially different upon different streets, alleys,
public ways or easements, or sewer right-of-ways or easements, or
portions thereof, the cost may be equitably apportioned to the
respective streets, alleys, public ways or easements, or sewer
right-of-ways or easements, or portions thereof, in proportion to
the character and cost of the improvements respectively thereon and
the part of the cost so apportioned to each respective street,
alley, public way or easement, or sewer right-of-way or easement, or portion thereof, shall be apportioned to and assessed against
the respective lots or parcels of land abutting thereupon in the
proportion as hereinabove provided: Provided, however, That if any
part of the street, alley, public way or easement improved is used
by a railway, then the cost of the portion of any improvements
between the rails and for two feet outside said rails shall be
assessed against and wholly borne by the owner of the railway:
Provided further, That property shall be assessed only to the
extent it is benefited and if there be any property abutting on the
portion of the street, alley, public way or easement, or sewer
right-of-way or easement, so improved which it has been determined
by the governing body, and shown in the ordinance or resolution
authorizing the improvements, not to be specially benefited by the
improvements, or not to be specially benefited to the full extent
of the cost of the improvements, or for other reasons would not be
liable to assessment for any of, or for some part of, the cost of
improvements, then the cost of the improvements abutting such part
of said street, alley, public way or easement, or sewer
right-of-way or easement, or so much thereof as is so determined to
be nonassessable, shall be apportioned among, assessed against and
borne by the remaining property abutting upon the streets, alleys,
public ways or easements, or sewer right-of-ways or easements,
improved in proportion, subject to the aforesaid provisions of
section six of this article, to the frontage of such remaining
abutting property as hereinabove provided: And provided further, That if such improvements include the building or renewal of
sidewalks on only one side of a street, alley, public way or
easement, then the cost of such sidewalk shall be assessed only on
the property abutting on that side where the sidewalks are so built
or renewed: Provided, That in apportioning and assessing the cost
of sewers or sewer systems the provisions of section six of this
article shall be observed: Provided, however, That if there be
property abutting the street, alley, public way or easement, or
sewer right-of-way or easement, so improved which is owned by the
United States of America, and, for that reason, not legally subject
to assessment, then the municipality shall pay the proportionate
part of the cost of the improvement which otherwise would be
assessable against such federally owned property.
In apportioning the cost to any lot or parcel of land in any
situation not covered in this article, the cost shall be
apportioned equitably, as determined by the governing body, in
keeping with the concepts and principles expressed in this article
and the special benefit to the property in question from the
improvements made.