[Adopted 6-1-1998 by Ord. No. 260]
Pursuant to the petition filed by certain citizens
and taxpayers owning certain property fronting upon Fieldview Drive
and Richard Lane in the Township of Pine, and acting upon the authority
conferred by applicable law, the Fieldview Drive/Richard Lane 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 benefited property owners in equal
shares in proportion to the total costs (including engineering, legal,
and construction) thereof. A copy of said petition is attached hereto,
incorporated herein, and made a part hereof as Appendix 1.[1]
[1]
Editor's Note: Appendix 1 is on file in the
Township offices.
The geographic area to be constituted as the
Fieldview Drive/Richard Lane Water District shall include those properties
fronting on Fieldview Drive and Richard Lane and benefited by said
waterline construction, as designated and shown on the plan designated
as Appendix 2,[1] attached hereto, incorporated herein, and made a part
hereof. A plan of the geographic area to be included within the Fieldview
Drive/Richard Lane Water District shall also be on file at the Township
of Pine 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.
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 Fieldview Drive/Richard Lane Water District, the entering into
necessary contracts therefor, and the assessment of abutting, benefited
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.
Assessments against abutting property owners
shall be made as follows:
A.
Whenever the construction of the waterline within
the Fieldview Drive/Richard Lane 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.
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 Fieldview Drive/Richard Lane Water
District shall be assessed an equal 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,[1] 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.
[1]
Editor's Note: See now 53 P.S. § 67614.
