[Adopted 11-3-2003 by Ord. No. 311]
Pursuant to said petition filed by certain citizens
and taxpayers owning certain properties fronting upon Rosscommon Road,
Bonnie View Drive, and Limerick Road in the Township of Pine, and
acting upon the authority conferred by applicable law, the Rosscommon
Road, Bonnie View Drive, and Limerick 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 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.
The geographic area to be constituted as the
Rosscommon Road, Bonnie View Drive, and Limerick Road Water District
shall include those properties fronting on Rosscommon Road, Bonnie
View Drive, and Limerick Road and benefited by said waterline construction,
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 Rosscommon
Road, Bonnie View Drive, and Limerick 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 Rosscommon Road, Bonnie View Drive, and Limerick Road 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 Rosscommon Road, Bonnie View Drive, and Limerick 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.
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 its 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 Rosscommon Road, Bonnie View Drive,
and Limerick Road 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,
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.