[Adopted 6-20-1994 by Ord. No. 222]
Pursuant to said petition filed by certain citizens
and taxpayers owning certain property fronting upon Buckwheat Drive,
Logan Road, Timothy Road and Clover Lane in the Township of Pine,
and acting upon the authority conferred by applicable law, the Northwood
Farms Water District is hereby created by the Township of Pine for
the purpose of entering into contracts, installing public waterlines
and making assessments upon the property owners abutting said public
waterlines. 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
Northwood Farms Water District shall include those properties fronting
on Buckwheat Drive, Logan Road, Timothy Road and Clover Lane, as designated
and shown on the plan designated as Appendix 2,[1] attached hereto, incorporated herein and made a part hereof.
A plan of the geographic area to be included within the Northwood
Farms 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 the installation of waterlines within
the Northwood Farms Water District, the entering into necessary contracts
therefor and the assessment of abutting property owners in accordance
with law.
The costs of construction and the engineering
and legal costs of the waterlines 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 such costs of said waterline
project.
Assessments against abutting property owners
shall be made as follows:
A.
Whenever the construction of the waterline has been
completed and approved by the Township Engineer and West View has
presented its final bill for costs 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
such 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, engineering and legal costs of the
waterline project.
C.
Upon the filing of the report of the Viewers with
the Court of Common Pleas, in accordance with Section 511 of the Eminent
Domain Code,[1] 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.
[1]
Editor's Note: See 26 P.S. § 1-511.
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 all such properties who 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 a party in possession of the premises or
posted on the most public part of the assessed premises.
Payment of all such above-described assessments
shall be made payable forthwith to the 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 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 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 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,[1] 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.
[1]
Editor's Note: 53 P.S. § 66612 was
repealed by P.L. 350, No. 60. See now 53 P.S. § 67602 et
seq.
