Pursuant to said petition filed by certain citizens
and taxpayers owning certain properties fronting upon Wood Haven Drive
in the Township of Pine, and acting upon the authority conferred by
applicable law, the Wood Haven Drive 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. The assessments shall be upon
the benefited property owners in equal shares in proportion to the
total 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.
The geographic area to be constituted as the
Wood Haven Drive Water District shall include those properties fronting
on Wood Haven Drive (or having a right of access thereto) and/or improved,
accommodated, or benefited by said waterline construction, as designated
and shown on the plan designated as Appendix 2, attached hereto, incorporated herein, and made a part
hereof. A plan of the geographic area to be included within the Wood
Haven 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.
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 Wood Haven 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 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 at a rate not to exceed 100% of the total such
costs of said waterline project, with each such property being assessed
in an equal amount in proportion to such total costs.
Assessments against abutting and/or benefited,
accommodated, or improved property owners shall be made as follows:
A. Whenever the construction of the waterline within
the Wood Haven 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 waterline project, the Supervisors
shall assess the properties abutting and/or accommodated, improved
or benefited by the construction of the waterline 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 waterline project and the properties shall
be assessed equally in proportion to such total costs.
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 such properties 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.
Each lot or piece of ground abutting on or benefited,
accommodated or improved by the waterlines constructed within the
Wood Haven Drive Water District shall be assessed an equal 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. 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 petition (pursuant to the statutory limitations
contained in Section 2613 of the Second Class Township Code) 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 premises. 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.