Pursuant to the petition filed by certain citizens
and taxpayers owning certain property fronting upon Old State Road
in the Township of Pine, and acting upon the authority conferred by
applicable law, the Old State Road Water District is hereby created
by the Township of Pine for the purpose of entering into contracts,
installing public waterlines and making assessments upon the property
owners abutting said public waterlines. The assessments shall be upon
the petitioning property owners in equal shares in proportion to the
total costs as per the agreement in their petition (Appendix 1 hereto) or, failing such agreement, pursuant to the proportion of each property's frontage upon the waterlines constructed with the water district as set forth in §
141-42 hereof. A copy of said petition is attached hereto, incorporated herein and made a part hereof as Appendix 1.
The geographic area to be constituted as the
Old State Road Water District shall include those properties fronting
on Old State Road, as designated and shown on the plan designated
as Appendix 2, attached hereto, incorporated herein and made a part hereof.
A plan of the geographic area to be included within the Old State
Road Water District shall also be on file at the Township of Pine
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 the installation of waterlines within
the Old State Road Water District, the entering into necessary contracts
therefor and the assessment of abutting property owners in accordance
with the provisions of the taxpayers' and citizens' Petition and/or
applicable law.
The costs of construction and the engineering
and legal costs of the waterlines are legally chargeable upon the
properties accommodated, improved or benefited thereby, and such properties
are hereby assessed at a rate not to exceed 100% of the total such
costs of said waterline project, with each such property being assessed
in an equal amount in proportion to such total costs as per the agreement
of the Petitioners as set forth in their Petition (attached hereto
as Appendix 1). In the event of the failure of such agreement, then such assessments shall be in accordance to the proportion of each property's frontage upon the waterlines constructed with the water district as set forth in §
141-42 hereof.
Assessments against abutting property owners
shall be made as follows:
A. Whenever the construction of the waterline within
the Old State Road Water District has been completed and approved
by the Township Engineer and West View has presented its final bill
for costs of the construction of such waterline project, the supervisors
shall assess the properties accommodated, improved or benefited by
the construction of the waterline for the construction, engineering
and legal costs thereof; provided, however, that the aggregate of
such assessments shall not exceed the total construction, engineering
and legal costs of the waterline project and the properties shall
be assessed equally in proportion to such total costs in accordance
with the agreement of the petitioners as set forth in their petition
(attached hereto as Appendix 1).
B. Assessment bills based upon the procedure set forth in Subsection
A of this section shall be prepared by the Township of Pine and signed by the Chairman and attested by the Secretary of the Board of Supervisors.
C. The Township shall forthwith serve the assessment
bills upon the owner or owners of such properties 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.
Each lot or piece of ground abutting on the
waterlines constructed within the Old State Road Water District shall
be assessed a portion of the total costs thereof in accordance with
the provisions of this article, and the charge upon each lot or piece
of ground shall be determined by the Township's Board of Supervisors
by ordinance or resolution. The owner or owners of each such property
shall be notified of such assessment, provided with a copy of this
article and any additional ordinance or resolution establishing the
assessment and advised of their rights to petition the Court of Common
Pleas within three months of the levying of such assessments to challenge
such assessment and to request the appointment of a panel of viewers
to assess benefits to the properties involved pursuant to Section
2613 (53 P.S. § 67613) of the Second Class Township Code.
Such notification shall be made by the Township, by certified mail,
return receipt requested, or, 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. Upon the filing of any petition with the Court
of Common Pleas challenging the assessments and requesting the appointment
of viewers to assess benefits, the assessments made by the Township's
Board of Supervisors and any proceedings relating thereto shall be
stayed pending disposition of such petition by the Court of Common
Pleas in accordance with Section 2613 (53 P.S. § 67613)
of the Second Class Township Code.
Payment of all such above-described assessments
shall be made payable forthwith to the Township of Pine through its
Township Manager. Any owner of property so assessed shall have, at
his or her option, the choice of paying the assessment in three equal,
annual installments, with the accrual of annual interest at the rate
of 6% per annum, paid in the following manner:
A. The first installment shall be due and payable within
60 days from mailing of the assessment bill, and each annual installment
with interest thereon shall be payable on the same day and month of
each succeeding year.
B. Any notice of intention by the owner to exercise such
installment option shall be filed, in writing, with the Township Manager
at the time of the paying of the first installment.
C. A lien shall be duly filed in accordance with applicable
law, for the amount of the assessment, which lien shall not be prosecuted
so long as installments are duly paid. 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 in full within the
time period set forth herein or as provided by law following issuance
of the assessment bill, the Township shall file a municipal lien,
in accordance with Section 1612 of the Second Class Township Code, 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 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. If such civil suits are filed and prosecuted,
the Township shall assert a claim therein for costs of prosecution
and reasonable attorneys, fees.