Pennsylvania Act 1893-323 — IMPROVEMENT OF STREETS

Act text

IMPROVEMENT OF STREETS
                 Act of Jun. 12, 1893, P.L. 453, No. 323              Cl. 11
                                  AN ACT

     Providing a system whereby cities may pave streets and alleys,
        pay the cost thereof by the issue of bonds and collect the
        same from the property benefited, in instalments.

        Section 1.  Power to issue bonds
        In addition to the present method provided by law for the
     payment and collection of the costs and expense of the permanent
     paving and improvement of any streets, alleys and other
     highways, or parts thereof, by the Cities of this Commonwealth,
     said cities shall have power to ordain that said costs and
     expense may be paid and collected in accordance with the
     provisions of this act.  1893, June 12, P.L. 453, Sec. 1.
        Section 2.  Amount of issue; form and terms of bonds
        In order to provide for the payment of the cost and expense
     of such improvements, the councils of the cities of this
     commonwealth may, from time to time, issue their bonds in such
     sums as may be required, in all to an amount not exceeding the
     cost and expense of such improvement and interest thereon.
        Said bonds shall bear the name of the street or alley to be
     improved.  They shall be payable at a period not less than five
     years from the date of their issue, to be provided in the
     ordinance directing the improvement, and bear interest at a rate
     not exceeding six per centum per annum, payable semi-annually,
     on the first day of July and January.  1893, June 12, P.L. 453,
     Sec. 2.
        Section 3.  Election when necessary
        In all cases where it may be necessary to obtain the assent
     of the electors to an issue of bonds, the question of thus
     increasing the city debt shall be so submitted to the electors
     that they shall have the opportunity of voting for or against
     the issue of bonds for the improvement of any particular street
     or alley, separately and apart from the question of increasing
     the city debt for the improvement of any other street or alley.
     1893, June 12, P.L. 453, Sec. 3.
        Section 4.  Negotiation of bonds; application of proceeds;
     assessment of property benefited
        Said bonds shall be negotiated at not less than par as other
     bonds of said cities are negotiated, and the proceeds thereof
     applied solely to the payment of the cost of said improvement.
     the contract price of the same and interest thereon to the first
     day, when interest thereon is payable, shall be taken as the
     cost of said improvement, to be assessed on the property
     benefited, according to existing laws in each of said cities.
     1893, June 12, P.L. 453, Sec. 4.
        Section 5.  Lien of claim; must state name of city, of owner,
     and description of property
        Such assessments shall be entered in the proper municipal
     lien and judgment docket in the prothonotary's office, and
     shall, if filed within six months from the completion of the
     improvements, without the issuing of a scire facias to revive,
     remain a first lien upon the property assessed until fully paid,
     having precedence of all other liens, except taxes, and shall
     not be divested by any judicial sale, unless the payment of the
     same is provided for from the proceeds of such sale.
        The assessment shall state the name of the city claimant, the
     name of the owner or reputed owner, a reasonable description of
     the property, the amount claimed to be due, for what improvement
     the claim is made, and the time when the assessment was finally
     confirmed or made.  1893, June 12, P.L. 453, Sec. 5.
        Section 6.  Assessments payable semi-annually
        Such assessment shall be payable at the city treasurer's
     office in equal, semi-annual instalments, with interest, at the
     rate provided in said bonds, from the date to which interest was
     computed on the amount of the assessments, or so much as remains
     unpaid from time to time, until all said assessments and
     interest are fully paid.  The money so received by the City
     Treasurer shall be applied to the sinking fund.  1893, June 12,
     P.L. 453, Sec. 6.
        Section 7.  Collection of assessments
        In case of default in the payment of any semi-annual
     instalment of said assessment and interest for a period of sixty
     days after the same shall become due and payable, the entire
     assessment and accrued interest shall become due and payable and
     the city solicitor shall proceed to collect the same under the
     provisions of general laws creating and regulating municipal
     liens and proceedings thereon.  1893, June 12, P.L. 453, Sec. 7.
        Section 8.  Discharge of lien; discharge of part where
     property is subdivided
        Any owner of property against whom an assessment shall have
     been made for such improvement shall have the right to pay the
     same, or any part remaining unpaid, in full with interest
     thereon to the next semi-annual payment due on said assessment;
     such payment shall discharge the lien.  If any owner shall
     subdivide any property after such lien attaches, he, in like
     manner, may discharge the same upon any sub-divided portion
     thereof by paying the amount for which said part would be
     liable.  1893, June 12, P.L. 453, Sec. 8.