[Adopted 11-5-2018 by Ord. No. 388]
Pursuant to a petition filed by certain citizens and taxpayers owning certain properties fronting upon Skylark Drive in the Township of Pine, and acting upon the authority conferred by applicable law, the Skylark Drive Water District is hereby created by the Township of Pine for the purpose of entering into contracts, installing public main water lines and making assessments upon the property owners abutting said public main water lines. The assessments shall be upon each of the benefited lots or pieces of ground in proportion to its frontage abutting on the water mains as related to the total installation costs (including engineering, legal, and construction) thereof. A copy of said petition is attached hereto, incorporated herein, and made a part hereof as Appendix 1.[1]
[1]
Editor's Note: Appendix 1 is on file in the Township offices.
The geographic area to be constituted as the Skylark Drive Water District shall include those properties fronting on Skylark Drive (or having a right of access thereto) and/or improved, accommodated, or benefited by said main water line construction, as designated and shown on the plan designated as Appendix 2, attached hereto, incorporated herein, and made a part hereof.[1] A plan of the geographic area to be included within the Skylark Drive Water District shall also be on file at the Township of Pine Municipal Building and may be viewed and inspected during normal office hours.
[1]
Editor's Note: Appendix 2 is on file in the Township offices.
The Board of Supervisors of the Township of Pine is hereby authorized to do all acts necessary to carry out the terms of this article, including installing or having installed main water lines within the Skylark Drive Water District, the entering into necessary contracts therefor, and the assessment of abutting and/or accommodated, improved or benefited properties and their owners in accordance with the provisions of the taxpayers' and citizens' petition and/or applicable law.
The costs of construction and also the engineering and legal costs of the main water lines are legally chargeable upon the properties accommodated, improved or benefited thereby, and such properties are hereby assessed at a rate not to exceed 100% of the total such costs of said water line project, with each such lot or piece of ground being assessed in proportion to its frontage upon the water mains as related to such total costs. Such assessments shall allow for equitable reductions, as may be deemed to be necessary, for corner properties, unusually shaped properties, or properties abutting on more than one main, as the case may be.
Assessments against abutting and/or benefited, accommodated, or improved properties and their owners shall be made as follows:
A. 
Whenever the construction of the water line within the Skylark Drive Water District has been completed and approved by the Township Engineer and West View has presented its final bill for costs of the construction of such water line project, the Supervisors shall assess each lot or piece of ground abutting and/or accommodated, improved or benefited by the construction of the water line for the construction, engineering and legal costs thereof; provided, however, that the aggregate of such assessments shall not exceed the total construction, engineering and legal costs of the water line project, and each of the properties shall be assessed in proportion to its frontage abutting on the water mains in relation to such total costs. Such assessments shall allow for equitable reductions, as may be deemed to be necessary, for corner properties, unusually shaped properties, or properties abutting on more than one main, as the case may be.
B. 
Assessment bills based upon the procedure set forth in Subsection A of this section shall be prepared by the Township of Pine and signed by the Chairman and attested by the Secretary of the Board of Supervisors.
C. 
The Township shall forthwith serve the assessment bills upon the owner or owners of each such lot or piece of ground by certified mail, return receipt requested. If such owner or owners cannot be found within the Township, said notice may be served upon any agent or party in possession of the premises, or posted on the most-public part of the assessed property.
A. 
Each lot or piece of ground abutting on or benefited, accommodated or improved by the water lines constructed within the Skylark Drive Water District shall be assessed a portion of the total costs thereof in accordance with the provisions of this article, and the charge upon each lot or piece of ground shall be determined by the Township's Board of Supervisors by ordinance or resolution.
B. 
The owner or owners of each such property shall be notified of such assessment, provided with a copy of this article, and provided with copies of any additional ordinance or resolution establishing the assessment. Such notification shall include advisement of the rights of owners whose property valuation (as assessed for taxable purposes within the water district) amounts to 50% of the total property valuation so assessed, or owners representing 50% of the parcels within the water district, to file a petition (pursuant to the statutory limitations contained in Section 2613 of the Second Class Township Code) in the Court of Common Pleas within three months of the levying of such assessments to challenge them and to request the appointment of viewers to assess benefits to the properties involved pursuant to the aforementioned statute. Such notification shall be made by the Township by certified mail, return receipt requested, or, if such owner or owners cannot be found within the Township, said notice may be served upon any agent or party in possession of the premises or posted on the most-public part of the assessed properties.
C. 
Upon the filing of a valid petition with the Court of Common Pleas, which satisfies the minimum requirements for same set forth in Section 2613 (53 P.S. § 67613) of the Second Class Township Code, and which challenges the assessments and requests the appointment of viewers to assess benefits, the assessments made by the Township's Board of Supervisors and any proceedings relating thereto shall be stayed pending disposition of such petition by the Court of Common Pleas in accordance with the provisions of the aforementioned statute.
Payment of all such above-described assessments shall be made payable forthwith to the Township of Pine through its Township Manager. Any owner of property so assessed shall have, at his or her option, the choice of paying the assessment in three equal, annual installments, with the accrual of annual interest at the rate of 6% per annum, paid in the following manner:
A. 
The first installment shall be due and payable within 60 days from mailing of the assessment bill, and each annual installment with interest thereon shall be payable on the same day and month of each succeeding year.
B. 
Any notice of intention by the owner to exercise such installment option shall be filed in writing with the Township Manager at the time of the paying of the first installment.
C. 
A lien shall be duly filed in accordance with applicable law, for the amount of the assessment, which lien shall not be prosecuted so long as installments are duly paid. Upon default on the payment of a current installment, a penalty of 5% shall be charged against such installment; and upon default in the payment of more than one installment, a penalty of 5% shall be charged on the entire unpaid balance.
If any owner has not elected to pay by installments, and refuses or neglects to pay such assessment in full within the time period set forth herein or as provided by law following issuance of the assessment bill, the Township shall file a municipal lien, in accordance with Section 1612 of the Second Class Township Code, also claiming interest thereon at the rate of 6% per annum on the unpaid balance from the date of such assessment bill. The Township Manager shall certify to the Township Solicitor all unpaid assessments, and the Township Solicitor shall file municipal claims against the property or properties upon which such assessments shall have been made. The Township Solicitor shall thereupon proceed to collect the assessment under the general law relating to the collection of municipal claims, including, if so directed by the Township, the filing and prosecution of civil suits. If such civil suits are filed and prosecuted, the Township shall assert a claim therein for costs of prosecution and reasonable attorneys' fees.