Pursuant to said petition 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), 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.
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. 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.
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.
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.
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, 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.
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.
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.
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.