[Adopted 11-5-1984 by Ord. No. 37]
As used in this article, the following words and terms shall
be construed as follows:
Includes natural persons, partnerships, organizations and
corporations.
The Township of Nottingham, Washington County, Pennsylvania.
All water supply system lines.
All existing water supply facilities within the service area
of the Township, together with all renewals, replacements, additions,
extensions and enlargements from time to time, made with respect hereto.
The Township hereby establishes a separate water district to
be known as the "Evanston Heights-Thomas/Finleyville Road Water District,"
which shall encompass the areas abutting Thomas-Finleyville Road,
Hillcrest Drive, and Blair Road as such area is more fully shown on
Drawing No. 43414 and consisting of five sheets as prepared by the
Gateway Engineers and entitled Assessment Plan for Proposed Water
Lines Along Thomas-Finleyville Road and the Evanston Heights area,
said sheets being dated April, 1984.
The Board of Supervisors confirm and ratify the construction
of the extension of the water line project together with all pertinent
facilities, in and for the Township of Nottingham, in accordance with
the plans, drawings, and specifications prepared by the project engineer
and the Western Pennsylvania Water Company and approved by the Board
of Supervisors of the Township of Nottingham, in the streets, alleys,
roads, and rights-of-way as therein set forth, and hereby ratify,
confirm and validate all action taken awarding and executing the contracts
providing for such construction.
So much of the cost and expenses of the construction of said
water lines, including engineering, legal, advertising and similar
expenses, as is legally chargeable upon the properties accommodated
or benefited thereby, shall be assessed and are hereby assessed upon
the said properties abutting on said water line project on the front
foot rule and/or assessment of benefit rule, at a rate not to exceed
100% of the cost of said water line project, herein described.
Such assessments shall be made in the following manner:
A.
Whenever the construction of the extension to the water line project
has been completed and approved by the Gateway Engineers, as project
engineers for Nottingham Township, said engineers shall file with
the Chairman of the Board of Supervisors a statement certifying that
the extension to the water line project has been completed and approved
by them, describing same in reasonable detail, describing the properties
adjoining or adjacent to the extension to the water line project benefited,
improved or accommodated thereby and the amount of the proposed assessments.
B.
Upon receipt by the Chairman of the Board of Supervisors of a certificate
of the Township of Nottingham project engineers, with respect to the
construction of the said water line project, the Supervisors of the
Township of Nottingham shall examine the same and determine whether
or not such certificate and the proposed assessments are in accordance
with the provisions of this article. After making such adjustments
or determinations thereof, if any, the Board of Supervisors shall
direct the preparation of proper assessment bills.
C.
The assessment bills shall thereupon be signed by the Chairman of
the Board of Supervisors, on behalf of the Township of Nottingham,
and the seal of the Township of Nottingham shall be duly affixed thereto
and attested by the Secretary-Treasurer and shall be collected from
the owner or owners of each of the properties against which such assessments
are charged and assessed thereby.
D.
A schedule of all assessments shall be filed with the Secretary-Treasurer
of the Township of Nottingham. The Secretary-Treasurer of the Township
of Nottingham may also cause a brief notice to be inserted in a newspaper
of general circulation in the Township of Nottingham that assessment
bills have been prepared and will forthwith be served upon the property
owners of a designated assessable unit.
E.
Within 30 days of the filing of the Certification referred to in Subsection A above with the Chairman of the Board of Supervisors, the assessment bills so executed shall be served upon the owner or owners of such properties by registered mail or certified mail, return receipt requested, to the owner or owners or his or their agent or attorney within the Township, or if he cannot be found within the Township, said notice may be served upon his agent or party in possession or it may be posted on the most public part of the assessed premises.
It is the intention of this article to make equitable assessments
against the assessable properties benefited, improved or accommodated
by the extension of the water line project according to the front
foot rule and/or assessment benefit rule, and the Chairman of the
Board of Supervisors reserves the right to make such other adjustments
as may be necessary to carry out such intention
All such assessments shall be payable forthwith to the Secretary-Treasurer
of the Township. The Secretary-Treasurer shall segregate all such
revenues separate from any funds of the Township not relating to the
extension of the water line project. Any owner of property so assessed
shall have the option of paying the same in four equal installments,
with interest at the rate of 10%.
A.
Provided, first, that the first installment be paid within 60 days
from receipt of notice of said assessments, and each subsequent annual
installment with interest on the same day of the month and each succeeding
year from the date of assessment;
B.
Second, that notice of intention to exercise such option, given on
a form to be prepared by the Board of Supervisors of the Township
of Nottingham, containing such stipulations as the Supervisors shall
require shall be filed with the Township Secretary-Treasurer at the
time of the paying of the first installment; and
C.
Third, that a lien shall be duly filed for the amount of the remaining
installments of the assessment, which lien shall not be prosecuted
so long as the installments are duly paid.
If any owner or owners who has not or have not elected to pay by installments refuse or neglect to pay such assessment within 60 days after notice thereof shall have been given in the manner as set forth in § 410-5E hereof, the Township shall file a municipal claim or lien therefor, together with interest thereon at the rate of 10% per annum on the unpaid balance from the date of such assessment. The Secretary-Treasurer of the Township shall certify to the Township Solicitor all unpaid assessments, and the Township Solicitor shall file municipal claims therefor in the proper office of Washington County as provided by law against the property or properties upon which such assessments shall have been made. The Township Solicitor shall thereupon proceed to collect the same under the general law relating to the collection of municipal claims, including, if so directed by the Township, the filing of suits in assumpsit. The certificates of the Gateway Engineers filed with the Township pursuant to § 410-5A shall be conclusive of the times of the completion as therein set forth.
The proper officers of the Township are hereby authorized and
directed to do all manner and things required to be done by the acts
of Assembly and by this article for the purpose of carrying out the
purposes thereof.
Township reserves the right to make any modifications, supplements
or amendments to this article and the provisions as to interest, penalties
and times of payment of the assessments or the installments and of
the filing of municipal claims or liens shall not be changed.
Where any property is adjacent to the water line project on
one side and the water line project does not adjoin such property
to the extent of its property frontage, or where any property is not
adjacent to the water line project and the water line project benefits
the property with or without a service line connection from the water
line project, it shall be assessed under the benefit rule, but determined
in accordance with the assessment of benefits method as determined
by the laws, rules and regulations of the Township of Nottingham and
the Commonwealth of Pennsylvania.
Where any property is adjacent to the water line project on
two or more sides and the water line project does not adjoin such
property the full length of such sides, it shall be assessed in accordance
with the benefit rule as determined by the laws, rules and regulations
of the Township of Nottingham and/or the Commonwealth of Pennsylvania.
Where any property assessment situation does not exist as above
defined, the same shall be assessed at the discretion of the Board
of Supervisors of the Township of Nottingham.
