[HISTORY: Adopted by the Board of Supervisors
of the Township of Chartiers as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-13-1986 by Ord. No. 157]
As used in this article, the following words
and terms shall be construed as follows:
The Municipal Authority of the Township of Chartiers.
Includes natural persons, partnerships, organizations and
corporations.
The Township of Chartiers, Washington County, Pennsylvania.
All water supply system lines.
All existing water supply facilities within the service area
of the Township, together with all renewals, replacements, additions,
extensions and enlargements from time to time made with respect thereto.
The Township hereby establishes a separate water
district to be known as the Arden Mines Road Water District, which
shall encompass the areas abutting Arden Mines Road, also known as
"Township Road 586"; Seik Road, also known as "Township Road 641";
Short Street; and Front Street as is set forth in a drawing prepared
by Ferrero and Associates, Inc. dated July 1985, a copy of which is
attached hereto and made a part hereof and marked Exhibit "A."[1]
[1]
Editor's Note: Exhibit A is on file in the Township offices
and available for inspection.
A.
All persons owning property within the Arden Mines
Road Water District which abuts on or adjoins any road, street or
right-of-way in which there now is or shall hereafter be a water line
shall, at their own expense, within three months after the effective
date of this article, or within three months after the construction
of any new water line, make connection with such water line in the
manner prescribed by the rules and regulations of Pennsylvania American
Water Company, except those industries and farms which have their
own supply of water for uses other than human consumption.[1]
B.
In case any owner of property, except those previously
excepted, abutting such water system shall neglect or refuse to connect
with and use said system for a period of 90 days after notice to do
so has been served upon him by the Township, either by personal service
or certified mail, said Township, or its agents, may enter upon such
property and construct such connection. In such case, the Township
shall forthwith, upon completion of the work, send an itemized bill
of the cost of construction of such connection to the owner of the
property to which connection has been made, which bill shall be payable
forthwith.
Supervisors confirm and ratify the construction
of the extension of the water line project together with all pertinent
facilities, in and for the Township of Chartiers, in accordance with
the plans, drawings, and specifications prepared by Chartiers Township
Municipal Authority Engineer and the Pennsylvania American Water Company
and approved by the Board of Supervisors of the Township of Chartiers,
in the streets, alleys, roads, and rights-of-way as therein set forth,
and hereby ratify, confirm and validate all action taken awarding
and executing the contracts providing for such construction.
So much of the cost and expenses of the construction
of said water lines, including engineering, legal, advertising and
similar expenses, as is legally chargeable upon the properties improved,
accommodated, benefitted, or serviced thereby, shall be assessed and
are hereby assessed upon the said properties abutting on said water
line project on the front foot rule and/or assessment of benefit rule,
at a rate not to exceed 100% of the cost of said water line project,
herein described.
Such assessments shall be made in the following
manner:
A.
Whenever the construction of the extension to the
water line project has been completed and approved by the Township
of Chartiers, the said Chartiers Township Municipal Authority shall
file with the Chairman of the Board of Supervisors a statement certifying
that the extension to the water line project has been completed and
approved by it, describing same in reasonable detail, describing the
properties adjoining or adjacent to the extension to the water line
project benefitted, improved, accommodated or serviced thereby and
the amount of the proposed assessments.
B.
Upon receipt by the Chairman of the Authority of a
certificate of the Authority's engineers, with respect to the extension
of the water line project, the Authority shall examine the same and
determine whether or not such certificate and the proposed assessments
are in accordance with the provisions of this article. After making
such adjustments or determinations thereof, if any, the Authority
shall direct the preparation of proper assessment bills.
C.
The assessment bills shall thereupon be signed by
the Chairman of the Authority, on behalf of the Authority, and the
seal of the Authority shall be duly affixed thereto and attested by
the Secretary-Treasurer and shall be collected from the owner or owners
of each of the properties against which such assessments are charged
and assessed thereby.
D.
A schedule of all assessments shall be filed with
the Secretary-Treasurer of the Authority. The Secretary-Treasurer
of the Authority may also cause a brief notice to be inserted in a
newspaper of general circulation in the Township that assessment bills
have been prepared and will forthwith be served upon the property
owners of a designated assessable unit.
E.
Within 30 days of the filing of the certification referred to in Subsection A above with the Chairman of the Authority, the assessment bills so executed shall be served upon the owner or owners of such properties by registered mail or certified mail, return receipt requested, to the owner or owners or his or their agent or attorney within the Township, or if he cannot be found within the Township, said notice may be served upon his agent or party in possession or it may be posted on the most public part of the assessed premises.
It is the intention of this article to make
equitable assessments against the assessable properties benefitted,
improved, accommodated, or serviced by the extension of the water
line project according to the front foot rule and/or assessment benefit
rule, and the Chairman of the Authority reserves the right to make
such other adjustments as may be necessary to carry out such intention.
All such assessments shall be payable forthwith
to the Secretary-Treasurer of the Authority. The Secretary-Treasurer
shall segregate all such revenues separate from any funds of the Authority
not relating to the extension of the water line project. Any owner
of property so assessed shall have the option of paying the same in
four equal installments, with interest at the rate of 10%, provided:
A.
First, that the first installment be paid within 60
days from receipt of notice of said assessment, and each annual installment
with interest shall be paid on the same day of the month in each succeeding
year;
B.
Second, that notice of intention to exercise such
option be given on a form to be prepared by the Authority, containing
such stipulations as the Authority shall require to be filed with
the Authority Secretary-Treasurer at the time of the paying of the
first installment; and[1]
C.
Third, that a lien shall be duly filed 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 payments of the current installment, a penalty of 5%
shall be charged on 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(s) who has not elected to pay by installments refuses or neglects to pay such assessment within 60 days after the mailing of a bill therefor as set forth in § 338-6E hereof, the Authority shall file a municipal claim or lien therefor, together with interest thereon at the rate of 10% per annum on the unpaid balance from the date of such assessment. The Secretary-Treasurer of the Authority shall certify to the Authority Solicitor all unpaid assessments, and the Authority Solicitor shall file municipal claims therefor in the proper office of Washington County as provided by law against the property or properties upon which such assessments shall have been made. The Authority Solicitor shall thereupon proceed to collect the same under the general law relating to the collection of municipal claims, including, if so directed by the Authority, the filing of suits in assumpsit. In no event shall the municipal claims be filed later than the last day permitted by law for the filing of such municipal claims. The certificates of the said Municipal Authority's engineers filed with the Authority pursuant to § 338-6A shall be conclusive of the times of the completion as therein set forth.
The proper officers of the Authority are hereby
authorized and directed to do all manner and things required to be
done by the Acts of Assembly and by this article for the purpose of
carrying out the purposes thereof.
Township reserves the right to make any modifications,
supplements or amendments to this article and the provisions as to
interest, penalties and times of payment of the assessments or the
installments and of the filing of municipal claims or liens shall
not be changed.
Where any property is adjacent to the water
line project on one side and the water line project adjoins the full
length on such side, it shall be determined as frontage and assessed.
Where any property is adjacent to the water
line project on two or more sides and the water line project adjoins
the full length of such sides, the short side shall be assessed in
full per foot and the long side at 25%.
Where any property is adjacent to the water
line project on one side and the water line project does not adjoin
such property to the extent of its property frontage, or where any
property is not adjacent to the water line project and the water line
project benefits the property with or without a service line connection
from the water line project, it shall be assessed under the benefit
rule but determined in accordance with the assessment of benefits
method as determined by the laws, rules and regulations of the Township
of Chartiers, the Authority and the Commonwealth of Pennsylvania.
Where any property is adjacent to the water
line project on two or more sides and the water line project does
not adjoin such property the full length of such sides, it shall be
assessed in accordance with the benefit rule as determined by the
laws, rules and regulations of the Township of Chartiers, the Authority
and the Commonwealth of Pennsylvania.
Where any property assessment situation does
not exist as above defined, the same shall be assessed at the discretion
of the Authority.
The proper officers of the Authority are hereby
authorized to take all steps and do all things necessary or proper
to carry out the provisions of this article.
[Adopted 11-2-1999 by Ord. No. 271]
As used in this article, the following terms
shall have the meanings indicated:
The Board of Supervisors of Chartiers Township.
Chartiers Township, Washington County, Pennsylvania, having
its registered office at 2 Buccaneer Drive, Houston, Pennsylvania
15342.
The Pennsylvania American Water Company its successors or
assigns.
The Board is hereby authorized to enter into
agreements with the Pennsylvania American Water Company, or its successor,
to have the said Water Company construct public water systems in Chartiers
Township.
When the Water Company completes construction
of a public water system, said water system will remain the property
of the Water Company, which shall be responsible and liable for the
maintenance of such water line.
All property owners abutting a water system,
and within 150 feet of such water system, constructed in accordance
with this article, shall connect to and use such water system. Any
industry or farm which have its own supply of water for uses other
than human consumption may continue to use its own water for that
purpose but is required to use the public water system to provide
water for human consumption.
Any property owner required to connect to a
water system constructed in accordance with this article shall be
required to pay a tapping fee. Such a tapping fee shall be calculated
in accordance with the provisions of the Municipal Authorities Act
of 1945, 53 P.S. § 306.[1] Such tapping fee will be reimbursed to the Water Company.
[1]
Editor's Note: See now 53 Pa.C.S.A. § 5607(d)(24)(i)(C)(V).
If any property owner abutting the water system
fails to connect with and use the water system within 90 days after
notice to do so has been served by the Board, the Board or agents
may enter the property and construct the connection. The Board shall
send an itemized bill of the cost of the connection to the owner of
the property to which connection has been made, which bill is payable
immediately, or the Board may authorize the payment of the cost of
construction of connections in equal installments.
The Township will not guarantee payment of any
construction costs. The Township reserves the right not to enter into
any agreement for the construction of water lines. The Township will
not assume maintenance of any water line or provide the service that
such water line is expected to provide. The Township will not assume
ownership of any water line. The Township will not collect or guarantee
collection of fees and charges to be charged by the Water Company.
