[Ord. 961, 12/12/2011, § 1]
The Commonwealth of Pennsylvania has adopted enabling legislation,
specifically the Neighborhood Improvement District Act, 73 P.S. § 831,
Act No. 2000-130, authorizing the creation of neighborhood improvement
districts to enable property owners in neighborhoods to make improvements
within the neighborhood or to provide services to their neighborhoods
that supplement municipal services otherwise provided. The legislation
provides for the assessment of property owners within the neighborhood
improvement district (NID) to pay for the improvements or additional
services. The Board of Supervisors may create an NID, by ordinance
pursuant to Act No. 2000-130, when the Board believes that such a
district is necessary and desirable to improve the quality of life
for residents and commercial occupants within an improvement district.
[Ord. 961, 12/12/2011, § 1]
1.
Establishment of District. At the behest of the Board of Directors
of the Homestead Farms Corporation (HFC), acting on behalf of the
member residents of the Homestead Farms Neighborhood, and as authorized
by Act 2000-130, 73 P.S. § 831 et seq., known as the Neighborhood
Improvement District Act of 2000 (Act), the Homestead Farms Neighborhood
Improvement District (NID) is established with boundaries depicted
on Exhibit 1, appended to this Part, generally encompassing the residential
properties within Ferguson Township with driveway access onto Crandall
Drive. A companion NID will also be established in the Patton Township
portion of Homestead Farms.
2.
District Plan and Improvements. Special assessment revenues shall
be used solely for administrative services and roadway improvements
as detailed in the "Final Plan for Establishing Neighborhood Improvement
Districts for Homestead Farms in Ferguson Township and Patton Township"
on file with the Township Secretary and not for essential governmental
services provided by Patton Township or Ferguson Township.
3.
Levy of Special Assessment. There is hereby levied an assessment
to pay the cost of the improvements computed as follows:
A.
Amount of Assessment. The total assessment for the combined Patton
Township and Ferguson Township shall be based on the total proposed
project costs of $212,245.
B.
Method of Assessment. The special assessment fees on each property
shall be based on the total proposed project costs divided evenly
among each of the 48 properties, comprised of 43 properties in Patton
Township and five properties in Ferguson Township. The special assessment
fees on each property shall be $4,421.77 [ = ($212,245/48)].
C.
Payment of Assessment.
(1)
On behalf of the property owners the Homestead Farms Corporation
shall provide an initial installment payment of $30,000 to the NID
in January 2012 as a credit of $625 for each property against the
special assessment fee. Said payment shall be paid to Patton Township.
(2)
The remainder of the special assessment ($4,421.77 less the
initial installment payment of $625) shall be payable in 12 annual
installments. Annual installment payments shall be due on March 1
of each year from 2012 through 2023. The annual installment payment
of the special assessment fee on each property is $316.40 [ = ($4,421.77-$625)/12].
(3)
A 10% penalty shall be applied to payments made after March
1.
(4)
Any outstanding balance of the special assessment may be satisfied
at anytime without penalty.
D.
Liens. Assessments shall constitute liens and encumbrances upon the
assessed property and shall be collectable in accordance with the
provisions of § 7(d) of Act 130, 73 P.S. § 837(d)
and in general may be collected in the same manner as municipal tax
claims notwithstanding the provision of this section as to installment
payments.
4.
Collection of Assessment. Ferguson Township hereby assigns the collection
of the annual assessment to Patton Township. The assessment shall
be collected by the Patton Township Treasurer. The Treasurer shall
mail initial notices to owners of the benefitted properties no later
than January 15 of each installment year. The Treasurer shall mail
delinquent notices in a manner consistent with Township practices
for collection of delinquent tax and assessment accounts.
5.
Management. The Homestead Farms Corporation (HFC), a nonprofit corporation,
shall be the NID management association (NIDMA) for both NIDs. As
provided for in the agreement between the Patton Township Board of
Supervisors (PTBoS), the Ferguson Township Board of Supervisors (FTBoS)
and the HFC, the NIDMA shall meet annually with a designated representative
of the Townships to review the project implementation. The Public
Works Department of Patton Township shall administer the projects
and shall utilize Patton Township resources or qualified contractors
to complete projects as scheduled in the plan. Contracts shall be
awarded by Patton Township to the lowest responsive bidder. Projects
may be included in contracts that also include work outside the NIDs
(i.e., annual street overlay contracts).
6.
Sunset Provision. The Homestead Farms Neighborhood Improvement District
shall automatically terminate on December 31, 2023, unless continued
or extended by subsequent action in accordance with the provisions
of Act 130, 73 P.S. § 830 et seq.
