[HISTORY: Adopted by the Board of Supervisors of the Township of Pine 6-4-2001 by Res. No. 627. Amendments noted where applicable.]
It is resolved by the Board of Supervisors of the Township of Pine that its policies and procedures for the creation of water districts and for the payment, assessment and collection of the costs and expenses of construction of certain of the improvements related thereto shall include, but not be limited to, the following.
Except as otherwise may be provided herein, the Township of Pine shall proceed in accordance with the procedures set forth in the Second Class Township Code (Article XXVI; 53 P.S. § 67601 et seq.).
Upon the request, by written petition, of property owners representing at least 51% of the property valuation (as such is assessed for real estate tax purposes) of a defined area, the Board of Supervisors may provide access to public water for the properties within such area through the construction/extension of public main water lines and creation of a water district therefor.
The Board of Supervisors shall establish any water district by enactment of an ordinance therefor.
Each property owner within a water district may be required to dedicate, free of cost, a public right-of-way through such property to facilitate installation of the main water line.
The Board of Supervisors may authorize West View Water authority, in accordance with such authority's established procedures, to bid and to award the contract for the construction and/or extension of the main water line to provide public water service to the water district. Alternatively, the Board of Supervisors may elect to directly bid and award the contract and to construct such main water line pursuant to the established procedures of the Township of Pine.
The Township of Pine shall make the initial payment of all necessary costs and expenses for the main water line's construction, including engineering and legal fees, but excluding any service connection fees and/or construction of service lines for individual properties.
All property owners within the water district shall be thereafter assessed by the Township of Pine for all such costs and expenses previously paid by the Township in connection therewith by the use of one of the two following methods:
By proportion of a property's frontage abutting on the main water line (allowing for an equitable reduction for corner properties or those that are unusually shaped); or
By an equal assessment on all properties abutting on the main water line in proportion to the total costs and expenses paid by the Township of Pine.
Any owner of property so assessed by the Township of Pine shall have the choice, within 60 days from receipt of the assessment bill, of thereafter paying the assessment immediately in full or, alternatively, by payment in three equal, annual installments with interest applied at the rate of 6% per annum.
A municipal lien shall be filed by the Township of Pine against all properties within the water district for which the assessments are not immediately paid in full in the amount of said assessment.
Any additional costs attributable solely to providing water service to individual properties (i.e., service line, service connection fee, etc.) will be paid directly by the property owner and shall not be the responsibility of the Township of Pine.
Property owners abutting on the main water line shall not be required by the Township of Pine to connect thereto.
Petitions filed with the Township of Pine for creation of a water district and the construction/extension of a main water line will be considered and acted upon in the sole discretion of the Township's Board of Supervisors, and such creation and construction shall be contingent upon the Township having appropriate funds and/or financing available to it, as such is determined by the Township's Board of Supervisors.
Attorneys' fees incurred on all accounts referred to the Township's Solicitor for enforcement and collection shall, if not collected in due course with the debt as by voluntary agreement, be included in all claims (including liens) filed on behalf of the Township of Pine in the course of enforcement, including (if accrued before liening) in any claim originally filed with the Prothonotary and in accordance with Ordinance No. 281 of the Township of Pine.