[Adopted 12-18-2013 by Ord. No. 2013-209]
There is hereby imposed and levied a streetlight assessment against each and every property benefited in the Township. A property that is benefitted is defined as a property which lies within one or more of the following:
A. 
A streetlight district created by means of a streetlight petition, as requested from the Township by a resident, and securing signatures from all of the property owners within the stated boundaries in the petition of the streetlight district of which 70% of the owner(s) must be in favor of the streetlights.
B. 
A streetlight district created within the boundaries of a subdivision.
C. 
A streetlight district within the Township established by the Board of Supervisors for the purpose of illuminating the highways, roads, and other public places of the Township as may be appropriate and in the best interest of the Township.
The calculation of each assessment is based on the location or light district in which the property is located and the type of light erected for which the assessment applies. The streetlight assessments are billed annually on March 1 of every year. The levy and assessment runs from March 1 of the current year to March 1 of the next year.
A. 
The formula for setting the assessment in the current year is as follows: streetlights are assessed uniformly by streetlight district per the Second Class Township Code, Article XX, Section (3).[1] Additionally, costs per light are determined by the type of light, e.g., HPS vapor or mercury, the wattage of the light, and whether the streetlight is on a fabricated pole or a wooden pole. These costs are set by Penelec and billed monthly to Harborcreek Township as streetlight bills. Each year the costs are adjusted prior to the streetlight assessment and subsequent billing to reflect any increases that Penelec has charged or will be charging the Township and in addition an 8.5% administrative fee is charged on the cost for associated costs, e.g., collection, postage, and actual costs of the streetlight bills.
[1]
Editor's Notes: See 53 P.S. § 67003.
B. 
The formula for calculating the annual streetlight assessment:
Where:
N = the number of streetlights in the streetlight district
C = the cost of the streetlight as charged by Penelec at the beginning of each year for the type and wattage of the streetlights
P = the number of properties within the streetlight district
8.5% is the administrative charge
C. 
Then the formula for calculating individual assessments within the district is:
Individual Assessment
=
N x (C x .085)
P
 
The light districts and their respective assessments for each pole contained therein is set forth on Exhibit A, attached hereto and incorporated herein by resolution each year.[1]
[1]
Editor's Note: Said exhibit is on file in the Township offices.
The deadline or due date for each streetlight assessment is June 30 of the respective year.
The streetlight assessment shall be sent to each benefited property along with the real estate tax notices by the real estate Tax Collector.
Payments for streetlight assessments shall be collected by the real estate Tax Collector until June 30 of each year, after which the assessments are deemed delinquent and shall be collected and enforced by authorized representatives of the Township.
Delinquent assessments shall be indexed as liens at the Erie County Courthouse against the real estate benefited after the second year of delinquency has accrued.
A penalty of 5% of the principal amount of the assessment shall be added after the due date, June 30, and interest at the rate of 10% shall accrue from July 1 forward and be added to any delinquent assessment.
In the event the Township seeks to enforce and collect its delinquent streetlight assessments, a reasonable attorneys' fee of 25% of the total amount due or not less than a minimum of $250, whichever is greater, shall be recoverable.
This article supersedes any prior ordinance or resolution governing the levy, assessment and collection of streetlight assessments.
Should any section of this article be deemed invalid, the remaining portions of this article shall still be effective.
This article shall become effective January 1, 2013, and remain effective yearly thereafter, with only the rate of assessment changing from year to year, depending on costs, and with that rate change being acknowledged and approved by resolution adopted by the Board of Supervisors at the reorganization meeting shortly after the first of each new year.