A RESOLUTION OF
THE BOARD OF MT. JOY
BOROUGH AUTHORITY
PROVIDING FCR THE AS-
SESSMENT OF CERTAIN
OF THE COSTS OF CON-
STRUCTION OF CERTAIN
CAPITAL ADDITIONS TOC
THE SANITARY SEWAGE
COLLECTION SYSTEM OF
THE AUTHORITY IN AND
FOR THE BOROUGH OF
MOUNT JOY UPON PROP-
ERTIES BENEFITED, IM-
PROVED OR ACCOMMO-
DATED BY SAID CAPITAL
ADDITIONS IN ACCORD:-
ANCE WITH THE FOOT
FRONT RULE OR IN AC-
CORDANCE WITH BENE-
FITS AS DETERMINED BY
A JURY OF VIEW; FOR
THE MATTER OF COLLEC-
TION; FOR THE FILING OF
LIENS: AND FOR THE PAY-
MENT OF THE AMOUNTS
COLLECTED TO UNION
NATIONAL MOUNT JOY
BANK, TRUSTEE
WHEREAS, pursuant to Or-
dinance duly enacted, the
Council of the Borough of
Mount Joy, Lancaster County,
Pennsylvania (the “Borough”)
created Mt. Joy Borough Au-
thority (the “Authority”) and
by further ordinance duly
enacted has designated the
sewer project for the Author-
ity; and
WHEREAS, in carrying out
said project, Authority has
heretofore commenced and
completed the construction of
a Sewer System in, and for,
the Borough, in accordance
with plans and specifications
dated January and February,
1956, as respectively revised,
prepared by Joseph A. Mich-
els, Registered Professional
Engineer, Dallastown, Pa;
and
WHEREAS, in connection
with the construction of the
Sewer System, the said Jos-
eph A. Michels submitted his
Report and Plan, dated
March 16, 1956 to the Board
of the Authority and. in turn,
to the Council of the Bor-
ough, all for the purposes of,
and pursuant to the provis-
ions of Section 4B (s) of the
Municipality Authorities Act
of 1945, P.L. 382, as amend-
ed, and the Board of the
Authority and the Council of
the Borough by Resolution
adopted April 5. 1956 and
by Ordinance enacted April
5, 1956, respectively, approv-
ed such Report and Plan all
for the purposes and with the
effect of enabling the Auth-
oritvy to assess a portion of
the cost of such Sewer Sys-
tem construction against the
properties benefited, improv-
ed or accommodated thereby,
according to the foot front
rule; and
WHEREAS, Authority, by
Resolution duly adopted on
May 22, 1956, provided a-
mong other things, for the
assessment of certain of the
costs of construction of the
Sewer System, pursuant to
the aforesaid Report and
Plan, upon properties bene-
fited, improved or accommo-
dated by said sewer construc-
tion in accordance with the
foot front rule; and
WHEREAS, Authority has
determined to construct cer-
tain extensions to the Sewer
Syvstem (the “Sewer System
Extensions”) not originally
included in the aforesaid
plans and specifications dated
January and February, 1956
as respectively revised, as
prepared by the aforesaid
Joseph A. Michels and desires
to charge the assessable por-
tion of the cost of construc-
tion of such Sewer System
Extensions against the prop- | been completed which
abut upon or otherwise
accessible
erties benefited, improved or
accommodated thereby ac-
cording to the foot front rule
or as may otherwise be auth-
orized by law; and
WHEREAS, Authority has
caused Gannett Fleming Cord-
dry & Carpenter, Inc., Con-
sulting Engineers, Harrisburg,
Ps. (the “Consulting Engin-
eers’’) to prepare specifica-
tions dated May, 1964 and
plans dated June, 1964 for
the construction of the afore-
said Sewer System Exten-
sions: and
WHEREAS, the Consulting
Engineers have submitted to
Authority a Report and Plan
dated August 24, 1964, of
such construction and the es-
timated cost thereof and
WHEREAS, Authority by
Resolution unanimously a-
dopted September 1, 1964,
approved the Report and
Plan of the Consulting Engin-
eers dated August 24, 1964,
determined that a portion of
the cost of the Sewer Sys-
tem Extensions should be as-
sessed against the properties
benefited, improved or acco-shall determiine the amount
modated. -thereby according
to the foot front rule, pur-
suant to Paragraph (s) Sub-
division B of Section 4 of
the Municipality Authorities
Act of 1945, approved May
2, 1945, P.L. 382, as amend-
ed, or where, in the opinion
of the Authority, an assess-
ment by the foot front rule
cannot legally be made a-
gainst, or would not actually
measure the benefit to any
property, according to bene-
fits in accordance with para-
graph (r) of
Section 4 of said Act and
submitted a certified copy of
resolution and a copy of such
Report and Plan and deter-
mination to assess to the
Council of the Borough; and
jdeclared and determined
WHEREAS, the Council of
the Borough by Ordinance al-
so duly enacted September 1,
1964 and approved by the
Mayor, approved said Report
and Plan and method of as-
sessment; and
WHEREAS, Authority, by
separate Resolution, has au-
thorized the issuance of Sew-
er Revenue Bonds in the ag-
gregate principal amount of
$640,000 for the purpose, in
part, of providing funds for
and toward the cost of con-
struction, as defined in the
Indenture and Supplemental
Indenture hereinafter refer-
red to. of the Sewer System
Extensions and has provided
for the charging of certain
tapping or connection fees
and annual sewer rentals and
charges for the use thereof;
and
NOW, THEREFORE,
- BE IT RESOLVED THAT:
Section 1. The Authority
authorizes the construction
of the Sewer System Exten-
sions in and for the Borough
in accordance with the plans,
drawings and specifications
orepared by the Consulting
Engineers, and approved by
the Pennsylvania Sanitary
Water Board, in the streets,
alleys, roads and rights-of-
way as therein set forth, and
hereby ratifies, confirms and
validates all action taken in
awarding and executing the
~ontract providing for such
construction, or otherwise
such action as hereby auth-
orized and directed to be
taken, the aforesaid plans
and specifications being dated
June and May, 1964, respect-
ively.
Section 2. The Authority
hereby undertakes and di-
rects that certain of the costs
of the construction of the
Sewer System Extensions be-
ing constructed as aforesaid,
will be and hereby are charg-
ed and assessed against the
assessable properties benefit-
ed, improved or accommodat-
ed thereby in accordance with
the foot front rule; or where,
in the opinion of the Author-
ity, an assessment by the foot
front rule cannot legally be
made against, or would not
adequately measure the bene-
fit to, any property, the costs
of construction may be asses-
sed against such property ac-
cording to the extent of ben-
efits as determined by a Jury
of View. The rate per front
foot of such assessments shall
hereby be fixed at $5.70 per
front foot which is hereby
to
be less’ than the asaessable
cost per front foot of the
sewers to be so constructed.
Section 3. Assessments un-
der the front foot rule shall
(ties, and has been
be made in the following
| manner:
A. Whenever the construc-
tion of a sewer or sewers has
shall
be
to a particular
property or group of proper-
approved
for assessment purposes by
(the Consulting Engineers
(which term shall mean and
|include any successor consult
|ing engineer, duly appointed
iby Authority) the Consulting
Engineers shall file with the
Authority a statement certi-
fying that such sewer or sew-
ers has or have been com-
pleted and approved by them
for assessment purposes, stat-
ing the date of such comple-
tion and describing such sew-
er or sewers in reasonable
detail.
B. Upon receipt by the Au-
thority of each certificate of
ithe Consulting Engineers, as
'provided for in Paragraph A
above, the Authority shall ex-
amine the same and shall de-
termine the property or prop-
erties abutting upon er acces-
sible to such sewer or sewers
described in said certificate
which are benefited, improv-
ed or accommodated thereby,
Section B of.
or amounts of the proposed
assessment or assessments,
computed in accordance with
the provisions of this Resolu-
tion, and shall determine the
name or names of the owner
or owners of such property or
properties. Thereon, the Con-
sulting Engineers shall certi-
fy that such proposed asses-
ment or assessments, togeth-
er with all assessments there-
tofore made by the Author-
ity under the provisions
hereof and together with the
estimated amount of all as-
sessments thereafter to be
made under the provisions
‘hereof will not exceed the
lestimated costs heretofore
| approved by the Borough or
the actual cost of construc-
‘tion. After making such de-
itermination and receiving the
| certificate of the Consulting
Engineers as provided for in
this Paragraph B, the Auth-
ority shall direct the prepar-
ation of a proper assessment
bill for the amount charged
against each property.
C. The assessment bills so
prepared thereupon shall be
dated and signed on behalf of
the Authority by its Chair-
man or Vice-Chairman, or
such other agent as Authority
shall, by Resolution (a certi-
fied copy of which shall be
furnished to the Trustee un-
der the Indenture hereinafter
referred to), duly appoint;
and shall be collected from
the owner or owners of each
of the properties against
which such assessments are
charged and assessed hereby.
D. A schedule of all assess-
ments shall be kept by the
Secretary of the Authority
and filed with Union Nation-
al Mount Joy Bank, Mount
Joy, Pa., Trustee under the
Trust Indenture between the
Authority and said Bank, as
Trustee, dated as of May 1,
1956 and Supplemental In-
denture dated as of October
1, 1964 and a duplicate copy
of all assessment bills shall
be filed with the Treasurer of
the Authority. The Secretary
of the Authority may also
cause a brief notice to be in-
serted in a newspaper or
newspapers of general circul-
ation in the Borough that as-
sessment bills have been pre-
pared and will forthwith be
served upon the property
owners subject to assessment
in the Borough.
E. Promptly after filing
with the Authority of
each certificate provided
for in ‘Paragraph A
above, the assessment bills,
so dated and executed shall
be served by the Authority or
its employees and/or ag-
ents, upon the owner or own-
ers of such properties, either
personally or by leaving the
same with an adult member
of the family with whom the
said owner or owners reside.
If the owner or owners of
such properties have no resi-
dence, or cannot be found, in
the Borough, then the assess-
| ment bill shall be posted up-
on the assessed property or a
icopy thereof left with the
occupant, if there be one, and
shall further be mailed by
registered or certified United
States mail to the owner or
owners or his or their agent
or attorney at his or their
last known address.
Section 4. Where any prop-
erty shall be situate at the
intersection of, or otherwise
adjacent to or adjoining more
than one public street, road
or other public highway in
which sewer lines shall be
constructed, which sewer
lines shall therefor pass in
front of, or be adjacent to
more than one side of such
property, the owner or own-
ers of such assessable proper-
ty shall be assessed for the
full frontage of one (if un-
equal in length, then the
|shortest) side of such proper-
|ty, which shall be known and
designated as the “front, and
shall be assessed for one-
fourth (%) of the full front-
age of each such other side
abutting on or accessible to
a sewer.
It is the intention of this
Resolution that equitable as-
sessments be made against
the assessable properties ben-
efited, improved or accomo-
dated by the Sewer System
according to the foot front
rule, and the Authority re-
serves the right to make any
other adjustments in such as-
sessments as may be neces-
sary to carry out such inten-
tion.
Section 5. All such assess-
ments shall be payable forth-
with to the Treasurer of the
Authority who shall pay,
)
orsixty (60)
cause to be paid over to the
Union National ®Mount Joy
Bank, Mount Joy, Pa., Trus-
tee under the Trust Inden-
ture dated as of May 1, 1956
and supplemental indenture
dated as of October 1, 1964
on the business day next suc-
ceeding the collection or re-
ceipt thereof all revenues re-
ceived therefrom together
with the interest and penal-
ties, if any, paid thereon, but
less any proper costs and ex-
penses, including legal fees,
of such collection accompan-
ied by a statement showing
the amounts col'ected. Until
so paid over, all such reven-
ues shall be segregated, sep-
arate from any funds. of the
Authority not relating to the
Sewer System and shall be
held in trust for the purposes
of the Indentures above re-
ferred to. Union National
Mount Joy Bank, Trustee,
shall, upon receipt thereof,
deposit all such assessment
revenues as shall be provided
in the Supplemental Inden-
ture. :
Section 6. If any owner or
owners against which | such
an assessment shall have
been made, refuse or neglect
to pay such assessment with-
in 6C days after service of
the assessment bill shall have
been made in the manner as
set forth in Paragraph E of
Section 3 hereof, the Author-
ity shall forthwith cause to
be filed a municipal claim
or lien therefor, which shall
include interest thereon at
the rate of six (6%) per cent
per annum from the date of
completion of the work. A
penalty of five (5%) per cent
shall be added to any assess-
ments not paid within ninety
days after service thereof,
unless such owner or owners
have been granted the priv-
ilege of paying such assess-
ments in installments as pro-
vided by Section 7 hereof,
and the interest as aforesaid
shall be computed on the
total thereof. The Treasurer
of the Authority shall certi-
fy to the Authority Solicitor
all such unpaid assessments,
and the Authority Solicitor
shall so file municipal claims
therefor in the proper office
of Lancaster County, as pro-
vided by law, against the
property or preperties upon
which such assessments shall
have been made. The Author-
ity Solicitor shall thereupon
proceed to collect the same
under the general law relat-
ing to the collection of muni-
cipal claims, including, if so
directed by the Authority,
the filing of suits in assump-
sit, unless the owner or own-
ers shall have been granted
the privilege of paying such
assessment or assessments in
installments as provided in
Section 7 hereof and is cur-
rently not in default in such
installment payments. All
such municipal claims shall
be filed not later than the
last day permitted by law for
the filing of such municipal
claims. The certificates of the
Consulting Engineers filed,
from time to time, with the
Authority pursuant to Para-
graph A of Section 3 shall be
conclusive as to times of the
completion as therein set
forth.
Section 7. Any owner or
owners of property against
whom and which assessments
have been made as above
provided shall have the priv-
lilege, upon written request in
the form prepared by the Au-
thority filed with the Secre-
tary of the Authority within
thirty (30) days after service
of the assessment bill has
been made as provided in
Paragraph E of
hereof and upon payment of
not less than one-fifth (1/5) of
the amount of the assessment
plus lien costs against the
property of such owner or
oners, of paying the balance
of said assessment plus lien
costs in equal annual or semi-
annual installments within
the next following four years
and the said unpaid install-
ments shall bear interest at
the rate of six (6%) percent
from the date of completion
of the work, provided, how-
ever, that the granting of
such privilege of paying the
assessment in installments
shall not relieve the Author-
ity of the duty of filing a
lien or municipal claim for
every assessment not paid in
full within sixty (60) days of
such service of the assess-
ment bill.
In case of default of any
owner in the payment of
any installment and interest
as aforesaid for a period of
‘days after the
THE BULLETIN
MOTI OY Pa
WEDNESDAY, OCTOBER 14
same shall become due, the
entire balance of the assess-
ment plus a penalty of five
(5%) per cent on such bal-
ance and accrued interest on
the total thereof shall become
due and payable; and it shall
be the duty of the Authority
Treasurer when any such de-
fault shall occur, to notify
the Authority Solicitor there-
of promptly; and the Author-
ity Solicitor shall thereupon
proceed to collect the same
under the general law relat-
ing-to the collection of muni-
cipal claims, including, if so
directed by the Authority,
the filing of suits in assump-
sit.
Any such owner who has
been ‘granted the privilege of
paying such assessment in
installments as provided in
this Section, may pay the bal-
ance remaining due in full at
any time, with interest there-
on to the next installment
payment, together with the
costs of filing and satisfying
the lien, and such payment
shall discharge the lien or
claim against such owner.
Section 8. The proper offic-
ers of the Authority are here-
by authorized and directed
to do all matters and things
required to be done by the
Acts of Assembly and by this
Resolution for the purpose
of carrying out the purposes
hereof. :
Section 9. Authority re-
serves the right to make any
modifications, supplements or
amendments to this Resolu-
tion, provided that the assess-
ment at the rate of $5.70 per
foot front as fixed herein and
the provisions as to interest,
penalties and times of pay-
ment of the assessments or
the installments:-and of the
filing of municipal claims or
liens shall not be changed.
Section 10. When in the
opinion of the Authority an
assessment by the foot front
rule, all as hereinbefore pro-
vided, cannot legally be made
against, or would not ade-
quately measure the benefits
of the sewers to any proper-
ty, the cost of construction
may be assessed against such
property according to the
extent of benefits, as determ-
ined by a Jury of View pur-
suant to Paragraph (r), Sub-
division B of Section 4 of the
Municipality Authorities Act
of 1945, P.L. 382, as amend-
ed.
Section 11. Notwithstand-
ing the provisions of Section
6 hereof, Authority may make
settlements with property
owners as to the amount of
their assessments, if Authori-
ty receives an opinion of the
Authority Solicitor to the ef-
fect that a failure to make
such settlement may endang-
er the possibility of making
recovery of such assessment
from such property owners.
Duly adopted by the Board
of Mt. Joy Borough Authori-
ty this sixth day of October,
1964.
MT JOY BOROUGH
AUTHORITY
B. T. Rutt, Chairman
Attest:
D. M. Wolgemuth
Secretary 29-1c
Publisher's Statement
Statement of ownership,
management and circulation,
required by the Act of Cong-
ress, Oct. 23, 196) Sec. 4369,
Title 39, United States Code.
The Mount Joy Bulletin
Published weekly, except one
week at Christmas and one
week at Fourth of July, at
11 East Main street, Mount
Section 31| Joy. Penna.
The name and address of
the owner is Richard A. Rain-
bolt, Mount Joy, Penna.
Known bondholders, mort-
gagees and other security
holders, owning or holding 1
per cent or more of total
amount of bonds, mortgages,
or other securities is the
Lancaster County Farmers
National Bank.
Ave. No. Single
Copies Each Issue
Total Issue During Nearest
Number - Preceding To Filing
Copies 12 Mos. Date
Printed 2275 2275
Pd. Circulation
to subscribers 1841
Sales through
agents, dealers
etc.
Free
Distribution
Total
1841
200 200
234 234
Distribution 2275 2275
I certify the statements
made by me above are cor-
rect and complete.
Owner Richard A. Rainbolt