Pennsylvania Act 1935-410 — VALIDATING PROCEEDINGS FOR MUNICIPAL IMPROVEMENTS

Act text

VALIDATING PROCEEDINGS FOR MUNICIPAL IMPROVEMENTS
                 Act of Jul. 18, 1935, P.L. 1308, No. 410             Cl. 73
                                  AN ACT

     Validating certain proceedings for municipal improvements,
        municipal assessments, municipal claims, and municipal liens
        in the several townships of the second class of this
        Commonwealth; and validating such improvements, assessments,
        claims, and liens; providing for the filing of claims and
        liens therefor and the proceedings for the collection of such
        assessments, claims, and liens.

        Section 1.  Be it enacted, &c., That whenever heretofore the
     board of supervisors of any township of the second class of this
     Commonwealth has authorized by resolution the grading, curbing,
     guttering, paving, or macadamizing with concrete, brick, stone,
     or other suitable material of any public road, street, or
     thoroughfare, or portion thereof, either cartway, footwalk, or
     gutters and has caused such improvement to be made; and, in such
     resolution, has authorized the advertising for bids therefor and
     the assessment of benefits upon the property benefited thereby,
     and subsequent thereto, pursuant to a resolution passed after
     the passage and approval of the original resolution providing
     for the improvement, has authorized the entering into a contract
     for the said improvement with the Secretary of Highways of the
     Commonwealth of Pennsylvania, and with the general contractor
     who was the successful bidder with the Commonwealth for the
     construction of any portion of such roads, streets, or highways,
     without any advertising for bids on the part of the township, as
     provided for in the original resolution authorizing such
     improvement; and has subsequent thereto brought proceedings for
     the appointment of viewers to assess benefits for the said
     improvement against the property abutting along the line of
     improvement, in accordance with the provisions of the original
     resolution authorizing the said improvement, or has by
     resolution provided for the assessment against abutting property
     owners of benefits for such improvement; or whenever heretofore
     the board of supervisors of any township of the second class of
     this Commonwealth has required by resolution and caused to be
     made, graded, paved, curbed, or macadamized with brick, stone,
     or other suitable material or otherwise improved any property or
     public road, street, or thoroughfare, or part thereof, either
     cartway, footwalk, or gutter; or has covered or enclosed any
     watercourse or waterway in any street or thoroughfare so as to
     improve or extend and increase the driveway in any road, street,
     or thoroughfare; or has vacated, confined, paved, or altered the
     channel of any watercourse or waterway, or has caused any sewers
     whatsoever to be constructed within or without any such
     township; or has caused ornamental lights to be erected pursuant
     to any resolution; or has heretofore in accordance with existing
     law assessed a portion of the cost of such sewer as a sewage tax
     against property abutting along the line of said improvement on
     the side of said road, street, alley, or highway which is
     located outside the limits of the township, the owners of such
     property being given permission by the township to use such
     sewer, and such property not being then provided with sewer
     facilities; and has by resolution provided for the assessment
     against abutting property owners of benefits for such
     improvement, but owing to some defect in the petition, action of
     the board of supervisors, notice of publication, failure to make
     such improvement in accordance with the strict terms of any
     resolution, or any other proceeding or action necessary under
     existing laws to give jurisdiction to such board of supervisors;
     or because of noncompliance with existing laws as to the
     purchasing of materials and supplies or the awarding of
     contracts without advertising; or because the resolution itself
     or the official record book containing the same has been lost,
     mislaid, or destroyed; or such resolution has not been
     transcribed in the official record book; or because of
     irregularity or error in the appointment of viewers to assess
     benefits against property abutting along the line of
     improvement; or because of the neglect of viewers, appointed to
     assess damages and benefits caused or accruing as a result
     thereof, to file their report within time required by law for
     the filing thereof; or because of irregularity or error in the
     method or procedure taken for the ascertainment of the amount of
     benefits to such property; or because of any irregularity or
     error in the resolutions or passage or approval thereof
     authorizing the execution of the work, the contracting therefor,
     and the assessing of benefits therefor; or where the right of
     the board of viewers to assume jurisdiction and to act in
     assessing the properties benefited thereby is questioned; or
     because of any irregularity or error in the failing to bring the
     proceedings, for the assessment of benefits for such
     improvement, before the board of viewers within the time
     provided by law; or the failure to assess the benefits therefor
     in the manner now provided by law; or because of any
     irregularity or error in arriving at or determining the benefits
     assessed against any such property; or because of the failure to
     give notice, as required by law; or the time for filing a lien
     or making claim for such improvement has expired; or the claim
     has not been filed after notice to do so; or for any other
     reason the costs of such improvement or portion thereof were not
     or cannot be legally assessed upon the property bounding or
     abutting on the line of the improvement, or on the road, street,
     or part thereof improved; or owing to some defect in the
     statement of claim filed to secure the lien; or the failure of
     the township solicitor to file the lien in the court of common
     pleas, or to sign the name, or to have stamped thereon a
     facsimile signature of said solicitor or chief executive of the
     claimant for the costs of such improvement; or any error made in
     the name of the owner or owners of the abutting property along
     the line of the improvement, payment thereof cannot be enforced;
     or if the resolution of the township authorizing the
     construction of any improvement was in fact adopted before such
     township was legally empowered to make such assessments on
     property within or outside the limits of such township, if such
     improvement was actually constructed, and such assessments
     against property within or without the limits of such township
     made subsequent to the time when such township was legally
     empowered to levy such assessments, as was contemplated by the
     act or acts of General Assembly under which the improvement was
     attempted to be made, and statement of claim filed now, by this
     act, such improvement is made valid and binding; and also any
     statement of claim heretofore filed, if any, to secure the liens
     therefor is also made valid and binding; and the jurisdiction of
     any board of viewers, hereinbefore mentioned, to entertain such
     proceedings, and the assessments made pursuant to such
     proceedings against property within or without the limits of any
     such township shall be valid and binding; and the supervisors of
     such township may cause the property bounding or abutting along
     the line of the improvement, or on the road, street, or part
     thereof upon which the improvement has been made or is now being
     made to be assessed in the manner now provided by law, or by the
     board of viewers' proceedings in the manner, and at the rates,
     now provided by law, with such a portion of the costs of such
     improvement as is contemplated by the law under which the
     improvement was made, or attempted to be made, or is now being
     made; and all such benefits and all assessments heretofore made
     or determined are hereby ratified, confirmed, and validated; and
     any statement of claims heretofore filed, if any, to secure the
     liens therefor are also hereby ratified, confirmed, and
     validated. Such assessment or other assessment heretofore made
     or hereafter made in proceedings, now pending within the time
     limitations specified in this act, shall be lien upon the
     property assessed; and any lien heretofore filed for benefits
     assessed or for the cost of such improvement or any part
     thereof, although the report of the viewers assessing the same
     was not filed within the time required by law for the filing
     thereof, is hereby made valid and binding with the same force
     and effect as though such report was filed within the time
     required by law for filing the same. The lien shall date from
     the completion of the improvement for which the assessment is
     made, whether the work was completed through one or several
     operations or contracts, or from the date of filing the same;
     and shall remain a lien until fully paid and satisfied:
     Provided, That a writ of scire facias is issued to revive the
     same during every period of five (5) years after the lien is
     filed as hereinafter provided: And provided further, That this
     act shall not validate any lien against any property which has
     been conveyed to a bona fide purchaser thereof, subsequent to
     the expiration of the period prescribed by law for the filing of
     such liens and prior to the date of the filing thereof; or give
     the lien thus filed priority over any bona fide lien or liens
     filed, entered, or recorded, or which shall have otherwise
     attached subsequently to the time prescribed by law for the
     filing of such municipal lien and prior to the time of the
     filing thereof.
        Section 2.  The board of supervisors of any township of the
     second class of this Commonwealth, entitled to a lien under this
     act, shall file a lien therefor if not heretofore filed in the
     office of the prothonotary of the county within which the
     property lies, within six (6) months after the completion of the
     work where the improvement is now in progress; or within twelve
     (12) months after the confirmation absolute of the report of the
     viewers assessing the benefits for such improvement whether now
     or hereafter pending; or within twelve (12) months after the
     approval of this act where the improvement is now completed, if
     no lien has been heretofore filed for the same; or within twelve
     (12) months after the passage of any resolution assessing
     benefits under the provisions of this act, where the improvement
     is already completed, and the same shall be entered upon record
     as other municipal claims. Such liens shall state the name of
     the party claimant, which shall be the corporate name of the
     township making the improvement, name of the owner or reputed
     owner of the property assessed, a reasonable description of the
     property assessed, the amount or sum claimed to be due, which
     shall include interest on the assessment from the completion of
     the improvement, for what improvement the claim is made, the
     date of its completion, the date of the assessment for which the
     lien is filed. Such lien when so filed shall be prima facie
     evidence of all matters therein set forth and of the right of
     the township to recover the amount therein claimed to be due,
     together with interest from the date of the lien or completion
     of the improvement, costs, and an attorney's commission of five
     per centum for collecting.
        Section 3.  The claim when so filed shall be proceeded upon
     for collection by writ of scire facias: Provided, That this act
     shall not apply to any proceeding, suit or lien wherein a final
     order or judgment of any court of record has already been made
     or entered.
        Section 4.  This act shall become effective immediately upon
     its final enactment.