Pennsylvania Act 1911-784 — BOROUGHS, SEWERS, PAVING

Act text

BOROUGHS, SEWERS, PAVING
                 Act of Jun. 15, 1911, P.L. 971, No. 784              Cl. 08
                                  AN ACT

     Providing a system whereby boroughs may build sewers; grade,
        sub-grade, and pave streets and alleys; pay the costs thereof
        by the issue of bonds, and collect the same from the property
        benefited, in instalments.

        Compiler's Note:  Section 1301(c) of Act 192 of 1915 provided
            that Act 784 is repealed insofar as it relates to
            boroughs.
        Section 1.  Be it enacted, &c., That in addition to the
     present methods provided by law for the payment and collection
     of the costs and expense of building and acquiring sewers and
     sewer systems, grading streets, alleys or any highways, or parts
     thereof, by the boroughs or incorporated towns of this
     Commonwealth, said boroughs or incorporated towns shall have
     power to ordain that said costs and expense may be paid and
     collected in accordance with the provisions of this act.
        (1 amended May 21, 1913, P.L.277, No.193)
        Section 2.  Whenever, after the passage of this act, the
     council of any borough, or incorporated town in this
     Commonwealth shall, by ordinance, authorize the construction, or
     building, or acquisition of any sewer or system of sewers; the
     grading, the sub-grading, or the permanent paving and
     improvement of any streets, avenues, alleys, courts, or any
     highways or parts thereof, in said borough or incorporated town;
     and the entire cost, or any part of the costs, of the said
     improvement, shall be assessed against the properties fronting
     and abutting on and along said improvement, whether by the foot-
     front rule or according to benefits; it shall be lawful for the
     council of the said boroughs or incorporated towns to provide,
     in said ordinance, that the said assessments may be paid in
     semiannual or annual instalments, which instalments shall bear
     interest at a rate not exceeding six (6) per centum, from the
     date of the commencement of the work or construction of the said
     improvement, until paid; and in order to provide for the payment
     of the cost and expense of such improvement as it progresses,
     the council of said borough or incorporated town may, from time
     to time, issue bonds in such sums as may be required, in all to
     an amount not exceeding the amount of said assessments. Said
     bonds shall bear the name of the sewer system built, or the name
     of the street, avenue, or alley, or part thereof, to be
     improved, and shall rest alone for their security and payment
     upon the said assessments; and shall be payable at periods not
     exceeding five (5) years from the date of their issue, to be
     provided in the ordinance directing the improvement; and shall
     bear interest at a rate not exceeding six (6) per centum per
     annum, payable semiannually or annually, as the council in said
     ordinance shall direct. Said bonds shall be negotiated at not
     less than par, and the proceeds thereof applied solely to the
     payment of the costs of said improvement. In case the said bonds
     are not negotiated by the council, they may be delivered to the
     contractor in payment of the work, but when so delivered must be
     at their par value.
        (2 amended May 21, 1913, P.L.277, No.193)
        Section 3.  Liens to secure the said assessment shall be
     entered in the prothonotary's office of the proper county; in
     the same form and with like effect, and shall be collected in
     the same manner, as other municipal liens are now filed and
     collected, according to the laws of this Commonwealth providing
     for the filing and collection of municipal liens.
        Section 4.  Such assessments shall be payable at the office
     of the borough treasurer, or such other place as the ordinance
     shall provide, in equal semiannual or annual instalments, with
     interest at the rate provided in said bonds, from the date from
     which interest was computed on the amount of the assessment, or
     so much as remains unpaid from time to time, until all said
     assessments and interest are fully paid. The moneys so received
     by the borough shall be applied to the payment of said bonds
     exclusively.
        Section 5.  In case of default in the payment of any
     semiannual or annual instalments of said assessment and
     interest, for a period of sixty (60) days after the same shall
     become due and payable, the entire assessment and accrued
     interest shall become due and payable, and the borough solicitor
     shall proceed to collect the same under the provisions of the
     general laws creating and regulating municipal liens and
     proceedings thereon.
        Section 6.  Any owner of any 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 semiannual 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 subdivided
     portion thereof by paying the amount for which said part would
     be liable.
        Section 7.  Whenever any borough shall issue improvement
     bonds in pursuance of this act, the secretary of the borough
     council shall keep a registry book, prepared by him, in which
     the said bonds shall be registered. Said registry shall show the
     date of the issue of the bond, the amount of the bond, the name
     and address of the person, firm, or corporation to whom the same
     is issued, which shall also be noted on the back of said bond:
     Provided, however, That the said bonds may be transferred at any
     time by proper adjustments; in which case the secretary shall
     make the proper entry of the said assignments in said registry
     book and on said bonds, and file said assignments among the
     records of the borough; and payment of said bonds and interest
     thereon shall be made only to the last registered owner.