[HISTORY: Adopted by the City Council of the City of Clairton 8-14-1973 by Ord. No.
1249 as Ch. 8 of the 1973 Code. Amendments noted
where applicable.]
GENERAL REFERENCES
Contracts, deeds and agreements — See Ch. 25.
Financial policies — See Ch. 34.
Building construction — See Ch. 163.
Excavations — See Ch. 189.
Grading, paving and curbing — See Ch. 211.
Home contractors — See Ch. 215.
Sewers — See Ch. 295.
Streets and sidewalks — See Ch. 303.
Taxation — See Ch. 315.
In all cases of constructing sewers the cost or expense of which
is payable by local assessments upon properties abutting thereon and
benefited thereby as provided by law, and in all cases of constructing
sidewalks, curbs and gutters the expense of which is chargeable to
the abutting property owners, and where payment for any such work
is to be made by installments or upon completion, it shall be lawful
for the City, in case funds have not been collected upon the properties
assessed or charged for expenses in sufficient amount to pay the respective
contractors according to contract, to issue to the contractors a certificate
of indebtedness, setting forth the amount or balance due them on the
installment due or otherwise and the time from which the same shall
bear interest. The certificate shall be paid from the assessments
and charges for expenses to be collected, and in case these prove
insufficient, the City shall provide for the payment of the certificates
from the general fund or from any special fund hereafter determined.
If at any time the City shall fail to pay the certificates of indebtedness
according to the terms hereof, contractors shall be entitled to an
assignment of so much of the uncollected assessments or charges for
expenses as will secure or pay the certificate held by them, respectively.
The City, however, shall not be liable upon or required to pay the
certificate until after the expiration of two years from the completion
of the improvement if the assessments upon the properties abutting
the improvement for which the certificate is issued have not been
collected in the meantime or from any cause whatsoever are insufficient.
The City Manager shall cause the issue of the certificates when
it shall appear that the respective contractor is entitled to payment
of the cost upon his or her contract. Each certificate shall state
the amount of balance due the contractor on the particular installment
for which the certificate is issued and the date from which the same
bears interest. All such certificates shall be negotiable and transferable
and shall not be liable to any defense, and the certificates shall
be payable only from the assessments made and to be collected for
that particular improvement; provided, however, that in case of the
failure of the City to collect the assessments or any of them from
any cause or should the assessments prove insufficient to pay the
certificates in full, then the certificates or so much thereof as
remains unpaid may be paid from the Street Improvement Fund; provided
further that in case sufficient assessments have not been collected
within two years from the completion of the work to pay the certificates,
the same shall be paid from the Street Improvement Fund as hereinbefore
mentioned; provided further that the certificates shall bear interest
from the date thereof at a rate not exceeding 6% per annum. No certificate
of indebtedness for any installment shall be issued exceeding the
amount of $500. In cases where the amount or installment due is in
excess of $500, the same shall be divided so that the certificates
aggregating the amount or installment may be issued, each certificate
not to exceed $500 as aforesaid, but nothing herein contained shall
prevent the issue of certificates in amounts less than $500, to be
determined by the City Manager unless otherwise directed by City Council.
Whenever any owner or holder of any certificate of indebtedness
issued in pursuance of this chapter or any ordinance of the City shall
sell, transfer or assign the certificate to any person, the latter
shall give immediate notice, in writing, with the name and address
of the owner, holder or transferee, to the City Manager, who shall
register the same either upon the stub of the original certificate
or upon a book to be kept for that purpose.
Whenever the City is ready to redeem any certificate issued
by this chapter, the City Manager shall give notice thereof to the
name and address of the registered owner, holder or transferee, and
unless the certificate is presented for payment within 10 days after
the making of such notice, the certificate shall cease to draw interest.
All assessments made upon abutting property for any of the improvements
for which, under the provisions of this chapter, certificates of indebtedness
may be issued, shall be applied, and the same are hereby appropriated,
to the payment of that particular improvement for the payment of which
the assessments are made. When the amount due for any improvement
has been paid, whether in whole or in part, from the Street Improvement
Fund as hereinbefore mentioned, all uncollected assessments for such
work shall be paid into the City treasury to the credit of the Street
Improvement Fund, to reimburse the amount paid therefrom.
When there shall be funds in the City treasury applicable to
the payment of any of the certificates, it shall be lawful for the
City Treasurer to draw a warrant for the amount due, which warrant
shall be signed by the Mayor and countersigned by the City Manager,
and thereupon the certificates shall be taken up, paid and canceled.
Presentation for payment of certificates of indebtedness shall
be made by the holder thereof to the City Treasurer. Whenever such
certificates shall be presented after the expiration of two years
from the date thereof, the City Treasurer shall give immediate notice
to the City Manager such presentation, the name of the holder, the
date of the certificate and the amount of the indebtedness. The City
Manager shall thereupon immediately provide for the payment thereof
from the Street Improvement Fund, which payment may be made by warrant
of the City Treasurer, in the same manner as hereinbefore provided
for payment of certificates. If the Street Improvement Fund is insufficient
to pay the certificate, the City Council shall immediately be notified
by the City Manager and shall make immediate provision for the payment
or satisfaction thereof.
Nothing in this chapter shall prevent the City Council from
forbidding the payment of any moneys or the issue of any certificate
in any case where the contractor has failed to comply with his or
her contract, nor prevent the City from deducting from any installment
any claim or setoff which it may have against the contractor on account
of work or otherwise howsoever, nor compel the payment of any installment
or the issue of any certificate when the contractor has failed to
perform his or her contract; and no payment or certificate of indebtedness
issued shall be conclusive against the City that the work has been
properly done and completed, nor shall the same prevent the City from
making claim for damages nor preclude action upon the bond accompanying
the contract for the improvement.
