[Adopted 8-5-1968 by Ord.
No. 36]
The Township hereby charges and assesses a portion of the cost of construction of the water system known as Water District No. 3 against each of the properties accommodated or benefited thereby in accordance with the foot front rule at the rate of $3 per assessable foot front, calculated as set forth in § A238-49 hereof; and the Township hereby determines and declares that the aggregate amount thus charged against such properties does not exceed the estimated total assessable cost of construction of said water system heretofore approved by the Township of Montgomery.
In cases of corner lots where lots are serviced by water mains in more
than one street, the property owner shall pay the total of the linear foot
frontage on the long side of said lot plus the linear foot frontage on the
short side less 100 feet subtracted from the short side thereof. In cases
of corner residential lots used as single-family dwellings located on the
curve of a street where the lot is incapable of subdivision under the Subdivision
Ordinance and Zoning laws of the Township of Montgomery,[1] the property shall be assessed a maximum of 250 linear feet for
the foot frontage abutting on said street. It is the intention of this section
to make equitable assessments against properties accommodated or benefited
by the water system, and the Township reserves the right to make such adjustments
as may be necessary to carry out such intention, including, without limiting
the generality of the foregoing, adjustments for lots of irregular shapes.
The Township accepts the certificate of completion presented by the
North Wales Water Authority evidencing completion of the said water system,
and said certificate of completion has been executed by the officers of the
Authority and by its construction supervisor, certifying that the water system
was completed on the 22nd day of July, A.D. 1968.
The Secretary of the Township, or such other officer as the Township may appoint, shall prepare, or cause to be prepared, a list showing each property assessed by virtue of § A238-48 hereof and the dollar amount of the assessment against such property calculated in accordance with §§ A238-48 and A238-49 hereof, together with the names of the owners of each such property and such other information as he may deem relevant, and shall prepare or cause to be prepared assessment bills with regard to each of said properties.
The Secretary or such other officer shall serve or cause to be served assessment bills upon the owner or owners of all properties assessed by § A238-48 hereof within 20 days of the date of the enactment of this ordinance. The service of assessment bills may be made either by personal service or by leaving the bill with an adult member of the family with whom the owner or owners shall reside. If the owner or owners of any such property shall have no residence in the Township of Montgomery or cannot be found in the Township, then the assessment bill shall be posted upon the premises or a copy thereof left with the occupant of the premises, if there is such an occupant, and, in addition, a copy of such assessment bill shall be mailed, by registered or certified mail, to the owner or owners or his or their duly designated agent at his or their last known address. The person actually serving the respective assessment bill shall file (or endorse on a copy of the bill) a return of service with the Secretary, setting forth the time, place and manner of service with regard to each such bill.
All water assessment bills shall be payable immediately, and if any
bill is not paid within 90 days from the date of service or mailing, as the
case may be, it shall be deemed delinquent, and the Township shall cause a
claim for its lien in respect thereof to be filed in accordance with law.
The Township Secretary shall keep an accurate record of all bills paid
and shall pay over to the bank, in an account entitled "Montgomery Township
- Water Fund," all assessment receipts following receipt thereof and, until
such receipts are so paid over, shall hold the same apart from funds of the
Township. The Secretary shall submit periodic reports (but not less than monthly)
to the Solicitor showing, for the period ending on the date of his report,
all assessment bills fully paid and all assessment bills becoming delinquent.
The Solicitor shall, and he is hereby authorized and directed to file claims for liens on behalf of the Township against all properties for which the Secretary reports, pursuant to § A238-54 hereof, assessment bills have become delinquent and to take all necessary action, including, if directed by the Township, the filing of a suit or suit in assumpsit, to collect said claims, together with legal interest thereon and all costs and expenses allowed by law.
The officers of the Township are authorized and directed to do all matters
and things required to be done by this resolution or by the laws of Pennsylvania
for the purpose of carrying out the intent and purposes of this ordinance.
The Township reserves the right from time to time to adopt modifications
of, supplements to or amendments of this ordinance, provided that the rate
of assessment and provisions with respect to filing of claims or liens shall
not be changed in substantial manner unless such change shall be necessary
to bring the same in compliance with applicable law.
In the event that any provisions, section, sentence, clause or part
of this ordinance shall be held to be invalid, such invalidity shall not affect
or impair the remaining provisions, sections, sentences or parts of this ordinance,
it being the intent of the Township that such remainder shall be and shall
remain in full force and effect.
All ordinances and resolutions of the Township of Montgomery or parts
thereof inconsistent herewith are hereby repealed.
This ordinance shall become effective five days after the date of its
adoption and enactment.
