Pursuant to said petition filed by citizens and taxpayers owning property in the Woods Plan of the Township and acting upon the authority conferred upon the Board of Supervisors of the Township of Marshall by Section 1609 of the Second Class Township Code, Act of May 1, 1933, P.L. 103, as amended (53 P.S. § 66609), the Woods Plan Water District is hereby created by the Township of Marshall for the purpose of entering into contracts, installing waterlines and making assessments upon the property owners abutting said waterlines.
[HISTORY: Adopted by the Board of Supervisors of the Township of Marshall as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-7-1991 by Ord. No. 229]
The geographic area to be constituted the Woods Plan Water District shall include those properties fronting on Bridge Brook Lane and Fern Hollow Lane in the Township of Marshall, as designated on Appendix 2, attached hereto and made a part hereof.[1]
A plan of the geographic area to be included within the Woods Plan Water District shall also be on file at the Marshall Township Municipal Building and may be viewed and inspected during normal office hours.
[1]
Editor's Note: Appendix 2 is on file and available for inspection in the Township offices.
The Board of Supervisors of the Township of Marshall is hereby authorized to do all acts necessary to carry out the terms of this Article, including the installation of waterlines within the Woods Plan Water District, the entering into necessary contracts therefor and the assessment of abutting property owners in accordance with law.
The costs of the construction and engineering of the waterline are legally chargeable upon the properties accommodated, improved or benefited thereby, and such properties are hereby assessed in accordance with the Assessment of Benefit Rule at a rate not to exceed 100% of the total cost of said waterline project.
[Amended 10-5-1994 by Ord. No. 263]
Assessments against abutting property owners shall be made as follows:
A.
Whenever the construction of the waterline has been completed and approved by the Marshall Township Engineer and West View has presented its final bill for cost of the construction of the waterline project, the Supervisors shall petition the Court of Common Pleas of Allegheny County for the appointment of viewers to assess each property accommodated, improved or benefited by the construction of said waterline.
B.
The viewers so appointed shall assess the properties accommodated, improved or benefited by the construction of the waterline; provided, however, that the aggregate of such assessments shall not exceed the total construction and engineering costs of the waterline project.
C.
Upon the filing of the Report of the Board of Viewers with the Court of Common Pleas in accordance with the Eminent Domain Code, assessment bills based upon such report shall be prepared by the Township and signed by the Chairman and attested by the Secretary of the Board of Supervisors.
D.
After 30 days have expired from the date of filing of the Report of the Board of Viewers with the Court of Common Pleas, the Township shall serve the assessment bills upon the owner or owners of such properties which have not filed timely exceptions to such report, 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 premises.
All such above assessments shall be payable forthwith to the Township Manager. Any owner of property so assessed shall have the option of paying the assessment in three equal, annual installments, with an annual interest rate of 10%, paid in the following manner:
A.
The first installment shall be paid within 30 days from receipt 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 paying the first installment.
C.
A lien shall be duly filed in accordance with Section 1612 of the Second Class Township Code, for the amount of the remaining installments of the assessment, which lien shall not be prosecuted so long as the installments are duly paid. Upon default on the payment of a current 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 within 30 days from receipt 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 10% 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.