[HISTORY: Adopted by the City Council of the City of Lower
Burrell as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-10-2000 by Ord. No. 3-2000]
This article shall be known as the "Mandatory Tapping Ordinance
- Water Expansion I."
A.Â
Establish a portion of the Water Expansion I Project Area within
the City of Lower Burrell.
B.Â
Establish subareas within those parts of the Water Expansion I Project
Area in the City of Lower Burrell in which each property to be benefited
by said project is located.
C.Â
Specify the activities to be undertaken in the subareas by the Municipal
Authority of the City of New Kensington.
D.Â
Provide a mandatory requirement for the making of an Authority connection
from an available water main to the curb stop at the property line
of each property within a subarea.
E.Â
Impose a mandatory tapping fee on each property within a subarea
for the making of the Authority connection to the curb stop at the
property.
F.Â
Establish administrative procedures as to the making of an Authority
connection and for payment of the mandatory tapping fee therefor.
G.Â
Confirm the creating, by the Municipal Authority of the City of New
Kensington, of a separate rate district to be known as "Rate District
(2)," which shall include all subareas within the City of Lower Burrell.
H.Â
Establish the general rules and penalties for violation of the provisions
of this article, and confirm the rules and regulations and schedule
of rates and charges of the Municipal Authority of the City of New
Kensington as being applicable to all subareas and to provide for
any violation thereof.
Unless otherwise expressly stated, the words set forth below
shall have the following meanings for the purposes of this article;
the present tense to include the future tense; the word "shall" to
always be mandatory and the word "may" to always be permissive.
As used in this article, the following terms shall have the
meanings indicated:
Municipal Authority of the City of New Kensington.
A water line installed from a main which abuts a property
to a curb stop at the property line.
Council of the City of Lower Burrell.
A water line installed from a curb stop on a property line
to the meter in a structure erected on the property.
All areas of the municipality which are not included in a
subarea.
All water mains of the Authority which are installed in a
subarea and which are contiguous to a property.
The City of Lower Burrell, Westmoreland County, Pennsylvania.
An individual, partnership, corporation or any other legally
recognized entity having a fee simple interest in a property within
a subarea.
The subareas of the municipality which are collectively designated
the "project area," as part of the Water Expansion I project and which
are described in Exhibit "1" attached to and which forms part of this
article.[1]
All tracts or parcels of land within a subarea which have
public water service made available to them as a part of Water Expansion
I.
A building erected on a property which is reasonably suited
for human occupancy, commercial or industrial use or is actually so
occupied and/or used.
All areas included in the project area of the municipality
and which have water service made available within them as part of
Water Expansion I and which are further delineated and established
within the municipality by Exhibit "1" attached to this article.[2]
A water expansion project of the Authority whereby Authority
water mains will be extended within the subareas of the municipality.
The Authority, with the full consent, approval and pledged cooperation
of the municipality, has undertaken a project known as "Water Expansion
I," within all those subareas of the municipality which are set forth
and defined in Exhibit "1" which is attached to and made a part of
this article.[1] The project provides for installation of mains by the
Authority within certain parts of those streets and roads, both public
and private and within rights-of-way and easements, all of which are
within the subareas.
[1]
Editor's Note: Exhibit "1" is on file in the City offices.
All the subareas which are hereby established within the municipality
include those streets and roads, both public and private, and all
rights-of-way or easements which are set forth and described in Exhibit
"1," as well as all those parts of any street, road, right-of-way
or easement which may, by future agreement between the Authority and
the municipality, be designated as being within a subarea.
A main shall be deemed available to serve a structure erected
on a property within a subarea if the structure is reasonably suitable
for human occupancy, a commercial or industrial use or it is actually
so occupied and/or used. The structure must be erected on a property
which abuts a street, road, right-of-way or easement in which a main
is installed and the structure is, by the closest lineal measurement,
situate within 250 feet of the curb stop which is installed at the
property line as part of an Authority connection.
At any time a main has been installed at a location contiguous
to or abutting a property within a present or later established subarea,
on which a structure is presently, or in the future constructed, the owner
of the property shall, upon notice from the Authority, be required
to pay a tapping fee to the Authority, this tapping fee now being
established by the Authority in its Schedule of Rates and Charges
("Rate Schedule"), as $1,250; provided, nevertheless, that such tapping
fee is subject to revision by the Authority, from time to time, in
its sole discretion, by a rate revision uniformly applicable to all
subareas within the municipality. This tapping fee shall be imposed
by the Authority and paid to it, notwithstanding the fact that no
part of a customer facility is installed by the owner from the curb
stop to the structure.
The Authority may, in its sole discretion, establish a separate
rate district to be known as "Rate District (2)," as part of its Schedule
of Rates and Charges. All rates and charges which are established
for Rate District (2) shall:
A.Â
Be applicable to and enforced by the Authority as to all properties
in present and future subareas;
B.Â
Continue in full force and effect until final repayment has been
made of all debt incurred by the Authority for construction of the
Water Expansion I project; and
C.Â
Provide for payment to the Authority of its cost of repayment of
all debt incurred by the Authority as a result of the project, the
rates and charges to be applicable to and assessed against each owner,
on a pro rata basis.
The municipality hereby approves and confirms all Rules and
Regulations and the Schedule of Rates and Charges of the Authority
which are now in effect and as each may be later amended, revised
and/or rescinded by the Authority in the exercise of its exclusive
power so to do, the municipality confirming that said Rules and Regulations
and Schedule of Rates and Charges shall be applicable to and controlling
as to each property which is now or, in the future, included in any
subarea within the municipality.
If any owner of a property within Rate District (2), as established
by the Authority, shall fail or refuse to timely pay any tapping fee
assessed him by the Authority or fail to timely pay any rate or charge
applicable to him and as established by the Authority, the Authority
shall have the absolute right, acting either for itself or as an agent
for the municipality and without any further grant of authority by
the municipality, to file a claim or lien against the property in
order to secure payment by the owner of any such claim. This claim
shall be entered in the Office of the Prothonotary of Westmoreland
County at the same time and in the same form and be collected in the
same manner as municipal claims are filed and collected. The municipality
hereby confirms that the Authority also has and shall retain the exclusive
right to proceed in any other way that it shall see fit to compel
and secure payment of all tapping fees and rates and charges which
are established by the Authority as applicable to owners in Rate District
(2), provided only that the Authority shall give 20 days' written
notice to the municipality advising it of its intent to proceed under
the provisions of this article against any party to whom it is applicable.
The municipality hereby irrevocably designates and appoints
the Authority, on behalf of the municipality, and to the fullest extent
necessary and possible, to carry out all the intents, purposes and
requirements of both this article and the Water Expansion I project
of the Authority, all as same are applicable to the municipality,
and to act in all ways and in all manner, either in its own name as
the Authority or on behalf of and in the name of the municipality,
in the administration and enforcement of all terms and conditions
of this article, the Rules and Regulations of the Authority and its
Schedule of Rates and Charges, all such Rules and Regulations and
Schedule of Rates and Charges being capable, in the sole discretion
of the Authority, of amendment by it from time to time.
Notwithstanding any other provisions of this article, the municipality
reserves to itself and the Authority concedes to the municipality,
the absolute right of the municipality to enact a Mandatory Tapping
Ordinance, which may apply to all areas of the municipality which
are not now, nor which in the future, form part of any subarea of
the municipality as same are herein defined.
Any owner who fails to timely pay a tapping fee established
by the Authority for Rate District (2), within 60 days following his
receipt, by personal service or by certified mail of a notice to make
such payment or who fails to pay any rate or charge, as defined, established
and made part of a Schedule of Rates and Charges of the Authority
for Rate District (2), shall, upon being found to be legally responsible
for any such failure by a Magisterial District Judge shall, in addition
to being required to pay such tapping fee, rate or charge, pay a civil
penalty of not less than $25, nor more than $1,000, plus costs, all
for the use of the Authority, it being further provided that each
day's failure to so pay any tapping fee, commencing with the
first day following the initial sixty-day period or pay any rate or
charge, commencing with the 31st day following its billing date, shall
constitute a separate offense and impose liability therefor as such.
[Adopted 7-10-2000 by Ord. No. 4-2000]
Every owner of a property in the City of Lower Burrell which
abuts a public water main and upon which is erected a structure suitable
for human occupancy or commercial or industrial use shall, at the
cost of such owner, connect the structure to the water main in order
that the structure be served with a public water supply, subject only
to such exceptions as are set forth elsewhere herein.
If a structure erected on a property which is subject to the
operation of this article is located more than 250 lineal feet from
the closest possible point at which it could be connected to a public
water main, the owner and the structure shall be exempt from the operation
of this article and the structure need not be connected to the water
main.
At any time a water main of an entity which operates the public
water distribution system has been installed at a location abutting
or contiguous to property on which a structure is presently, or in
the future constructed, the owner of the property shall, upon notice
from the entity which operates the public water distribution system,
be required to pay a tapping fee to the entity. This tapping fee is
established by the entity which operates the public water distribution
system. The tapping fee shall be paid to the entity which operates
the public water distribution system, notwithstanding the fact that
no water line lateral from the main water line to the structure is
installed by the owner from the curb stop.
No person or other entity shall make or cause to be made any
connection to a public water main until such party has complied with
all rules and regulations established by the entity which operates
the public water distribution system to which the connection is to
be made.
If the owner of a property on which a structure is erected which
is subject to this article, neglects or refuses to comply with the
provisions of this article for at least 90 days after receiving notice
so to do from the entity which operates the public water distribution
system, this either by personal service or by registered or certified
mail, return receipt requested, then an agent or employee of the entity
which operates the public water distribution system may enter the
property and the structure and supply all the material and labor necessary
to accomplish the tapping of said structure into the public water
main in order that the property and the structure be brought into
compliance with the provisions of this article. All cost and expense
of any such action shall be that of the owner and it shall be due
and payable to the entity which operates the public water distribution
system within 30 days of the date of the invoice to the owner for
same. If not paid within said period of time, the payment may be enforced
in the same manner as debts may be collected by law or a municipal
claim or lien may be filed by the entity which operates the public
water distribution system against the property and/or the owner as
provided by law.
In addition to the penalties provided for herein, any person,
firm, or other entity which fails to make the required connection
within the ninety-day period after notice shall, upon conviction thereof
before a Magisterial District Judge, pay a fine or penalty of not
less than $25 nor more than $1,000, plus costs, and, in default of
payment, be sentenced to undergo imprisonment of not more than 30
days in the Westmoreland County Detention Center. It is further provided
that each day's violation following the initial ninety-day period
shall be a separate offense and each such offense may be prosecuted
as such.
This article, its effect and its enforcement, shall not, in
any way, be applicable to or affect any area, subarea or any other
part of the City which is now, or in the future, included as part
of the Water Expansion I project of the said Municipal Authority of
the City of New Kensington, the Municipal Authority of the City of
New Kensington having been granted, by Ordinance No. 3-2000 of the
City,[1] exclusive jurisdiction
of all matters involving its water distribution system and all properties
served therefrom and subject thereto within all areas or subareas
of the said project within the City.
