Township of Pine, PA Article III Conrad Drive Water District

[Adopted 4-20-1992 by Ord. No. 202]

§ 141-9 Creation.

Pursuant to said petition[1] filed by citizens and taxpayers owning property fronting upon Conrad Drive in the Township of Pine and acting upon the authority conferred upon the Board of Supervisors of the Township of Pine by Section 1609 of the Act of May 1, 1933, P.L. 103, as amended (53 P.S. § 66609[2]), the Conrad Drive Water District is hereby created by the Township of Pine for the purpose of entering into construction contracts, installing waterlines and making assessments upon the property owners abutting said waterlines and benefiting therefrom.

[1] Editor's Note: Said petition is on file in the Township offices.

[2] Editor's Note: See now 53 P.S. § 67611.

§ 141-10 District area designated.

The geographic area to be constituted the Conrad Drive Water District shall include those properties (16 lots) fronting on Conrad Drive in the Township of Pine, as designated by their lot and block number taken from Allegheny County real estate tax records and as set forth in Appendix 2, attached hereto and made a part hereof.[1] A plan of the geographic area to be included within the Conrad Drive Water District shall also be on file at the Pine Township Municipal Building and may be viewed and inspected during normal office hours.

[1] Editor's Note: Appendix 2 is on file in the Township offices.

§ 141-11 Installation of waterlines.

The Board of Supervisors of the Township of Pine is hereby authorized to do all acts necessary to carry out the terms of this article, including but not limited to the installation of waterlines within the Conrad Drive Water District, the entering into necessary contracts therefor and the assessment of abutting property owners in accordance with law.

§ 141-12 Assessment of costs; statutory authority.

The costs of the construction and engineering of the waterline are legally chargeable upon the properties accommodated, improved or benefited thereby, and such properties are hereby assessed in accordance with the Assessment of Benefit Rule, at a rate not to exceed 100% of the total cost of said waterline project.

§ 141-13 Procedure for assessment.

Assessments against abutting property owners shall be made as follows:

A. Whenever the construction of the waterlines within the Conrad Drive Water District has been completed and approved by the Pine Township Engineer and West View has presented its final bill for costs of the construction of the waterline project, the Supervisors shall petition the Court of Common Pleas of Allegheny County for the appointment of Viewers to assess each property accommodated, improved or benefited by the construction of said waterline.

B. The Viewers so appointed shall assess the properties accommodated, improved or benefited by the construction of the waterline; provided, however, that the aggregate of such assessments shall not exceed the total construction and engineering costs of the waterline project.

C. Upon the filing of the Report of Viewers with the Court of Common Pleas in accordance with Section 511 of the Eminent Domain Code,[1] assessment bills based upon such report shall be prepared by the Township and signed by the Chairman and attested by the Secretary of the Board of Supervisors.

[1] Editor's Note: See 26 P.S. § 1-511.

D. After 30 days have expired from the date of filing of the report of the Board of Viewers with the Court of Common Pleas, the Township shall serve the assessment bills upon the owner or owners of such properties who have not filed timely exceptions to such report, by certified mail, return receipt requested. If such owner or owners cannot be found within the Township, said notice may be served upon any agent or party in possession of the premises, or posted on the most public part of the assessed premises.

§ 141-14 Payment; late penalty.

All such above assessments shall be payable forthwith to the Township Manager. Any owner of property so assessed shall have the additional option of paying the assessment in three equal, annual installments, with an annual interest rate of 6% paid in the following manner:

A. The first installment shall be paid within 30 days from receipt of the assessment bill, and each of the two remaining annual installments, with interest thereon, shall be payable on the same day and month of each of the two succeeding years.

B. Any notice of intention by the owner or owners to exercise such installment option shall be filed, in writing, with the Township Manager no later than at the time payment of the first such installment is due.

C. A municipal lien shall be duly filed by the Township of Pine, in accordance with applicable law, against the affected properties and owner for the amount of the remaining installments of the assessment, which lien shall not be prosecuted so long as the installments are duly paid in accordance with these provisions: Upon default on the payment of a current installment, a penalty of 5% shall be charged against such installment, and, upon default in the payment of more than one installment, a penalty of 5% shall be charged on the entire unpaid balance.

§ 141-15 Unpaid costs to become lien; collection.

If any owner has not elected to pay by installments, and refuses or neglects to pay such assessment within 30 days from receipt of the assessment bill, the Township shall file a municipal lien, in accordance with applicable law, against the affected properties and owner, also claiming interest thereon at the rate of 6% per annum on the unpaid balance from the date of such assessment bill. The Township Manager shall certify to the Township Solicitor all unpaid assessments, and the Township Solicitor shall file municipal claims against the property or properties and owner or owners upon which such assessments shall have been made. The Township Solicitor shall thereupon proceed to collect the assessment under the general law relating to the collection of municipal claims, including, if so directed by the Township, the filing and prosecution of civil suits.