[Adopted 11-12-1975 as Ch. XXVI, Part 1, of the 1975 Code]
As used in this article, the following terms
shall have the meanings indicated:
Any landowner in the Borough of Monaca whose property abuts
upon the water main or upon that portion of street which said water
main is being constructed.
The time when the last work necessary for the construction
of the water main and the replacement and resurfacing of the surface
is actually done.
Includes all costs of the construction of a new water main
or of the extension of an existing water main and shall include the
cost of excavation, materials, refilling, resurfacing, engineering
expenses and any other expenses necessarily incidental to the construction
of said new water main or the extension of an existing water main.
The cost of construction of the water main as estimated by
the Borough Engineer of the Borough of Monaca.
All water mains built in the Borough of Monaca
after the effective date of this article and all extensions of existing
water mains shall be constructed under and pursuant to the terms hereof;
provided, however, that water mains which may be constructed for the
benefit of the entire Borough rather than any particular extension
shall not be subject to the provisions hereof. The question of whether
a particular water main is for the benefit of the Borough as a whole
shall be a matter solely within the discretion of the Council, and
its determination of this question shall be final.
New water mains shall be constructed or extensions
shall be made to presently existing water mains whenever, in the opinion
of the Council after consultation with the Borough Engineer, it is
necessary for the accommodation and convenience of the general public
and for the health and welfare of the inhabitants of the Borough of
Monaca or any portion thereof. The determination of the location of
said water mains and the time of construction thereof are matters
solely within the discretion of the Borough Council of the Borough
of Monaca.
Before any new water main is constructed in
the Borough of Monaca or any extensions are made, a written estimate
of the cost of the proposed construction shall be furnished by the
Borough Engineer to the Council.
The cost of construction of any water main or
the extension of any existing water main shall be paid in such manner
as is set forth in the subsections to this section:
A.
The cost of construction of any new water main or
the extension of any existing water main shall be borne by the Borough
of Monaca as to the frontage of any lot which now fronts on a street
in which is situate a water main, provided that on said lot is situate
a structure which is, as of the date of this article, tapped into
said public water main, also provided that, in the event said lot
has a frontage in excess of 100 feet on said street in which a new
water main or extension of a water main is being constructed, then
the cost to be borne by the Borough of Monaca shall be for only 100
feet of said frontage.
B.
As to any corner lot, the full prorated front-foot
basis cost of a water main first laid along one of the two streets
abutting said lot and the full prorated front-foot basis cost of each
foot over and above 100 feet for a water main laid along the other
abutting streets shall be paid by the abutting property owner.
C.
As to any corner lot, that prorated front-foot cost from which the property owner is exempted by virtue of Subsection B of this section of this article shall be borne by the Borough of Monaca.
D.
As to all property other than that covered by Subsections A, B and C of this section of this article, the prorated front-foot cost shall be paid by the abutting property owners. Said front footage shall be determined by the number of feet said water main measures between the extension of the property lines of said lot.
Prior to the construction of any new water main
or to any extension of an existing water main, written notice thereof
shall be sent to each abutting property owner by the Borough Secretary.
In addition to said notice, each property owner shall be furnished
with a statement of the estimated cost and his pro rata share. Payment
of the estimated cost shall be due 30 days after receipt of said notice;
provided, however, that any property owner may pay his share of the
estimated cost of construction in monthly installments over a period
not to exceed six months by entering into a written agreement with
the Borough of Monaca for such deferred payments.
After completion of construction, the total
actual cost of the water main shall be determined, and the Borough
Secretary shall bill each abutting property owner for any excess cost
over the estimated construction cost within 30 days. Where any property
owner has, on the basis of the estimated construction cost, paid in
excess of his pro rata share of the actual cost, such excess shall
be refunded to him within 30 days after the completion of the water
main.
From and after 30 days following the completion
of the water main, each abutting property owner will be liable for
interest at the rate of 6% per annum on the unpaid balance of his
pro rata share of the cost of construction unless by written agreement
with the Borough of Monaca, his payments are otherwise determined.
In the event that full payment of the cost of the water main is not
made within 30 days following completion thereof or within the time
specified by written agreement between the property owner and the
Borough, then the Borough of Monaca may file a municipal lien for
the unpaid balance in the office of the Prothonotary of the Court
of Common Pleas of Beaver County, Pennsylvania, which lien shall fully
describe the premises, give the name of the owner thereof and the
amount of the unpaid construction cost. In addition, said lien may
include an attorney's commission of 10% for collection.
