RESOLUTION
NO. 3-96
WEST
MIFFLIN SANITARY SEWER MUNICIPAL AUTHORITY
RESOLUTION FIXING SEWAGE RATES
AND CHARGES
A RESOLUTION OF THE WEST
MIFFLIN SANITARY SEWER MUNICIPAL AUTHORITY, ALLEGHENY COUNTY, PENNSYLVANIA,
ENACTING, ESTABLISHING, FIXING AND IMPOSING SEWAGE RATES AND CHARGES FOR THE
USE AND SERVICES OF THE VARIOUS SANITARY SEWER SYSTEMS IN THE SERVICE AREA
OF THE AUTHORITY;
NOW, THEREFORE, BE IT RESOLVED AND IT IS HEREBY RESOLVED
as follows:
SECTION 1. That commencing with the date the sewer treatment
system and sewer system is transferred from the Borough of West Mifflin to
the West Mifflin Sanitary Sewer Municipal Authority (the “Authority”) through
December 31, 1996, and for each calendar year thereafter, there is hereby
imposed and established for the use and service of the various sanitary sewer
systems and sewer treatment plants in the service area of the West Mifflin
Sanitary Sewer Municipal Authority, a usage fee, charges and assessments to
all property serviced by a sewer system and/or sewage treatment plan as hereinafter
set forth. The imposed fee and charges for the use of the sewer system and
sewage treatment plants shall be upon the owners, tenants, or occupants of
the realty served by the sanitary sewer system and/or sewage treatment plant
of the West Mifflin Sanitary Sewer Municipal Authority.
SECTION 2. That
the rates, charges and fees for the use of the sanitary sewer lines and appurtenances,
and/or for the use of the sewage treatment plants to all serviced premises
within the service area of the Authority shall be measured by the quantity
of water flowing into or consumed by each separate dwelling, apartment, business,
commercial or industrial site, and shall be based on such quantity of water
as may be determined or estimated. Where water is furnished to any user as
herein provided, whether by any municipality, utility company or municipal
authority, the flow of water measured either by meter or by a flat rate of
said municipality, utility company or authority, shall be considered and deemed
to be the basis for measuring the units of use as hereinafter set forth,
SECTION
3.
GENERAL RATES:
The
rates for said sewage use and/or sewage treatment plan use to premises serviced
within the service area of the Authority shall be as follows:
a. WATER METER USERS
The
following schedule of rates shall be applicable to users of metered water,
and the charges shall be based on the annual quantity of water delivered to
each water user as measured by the most recent available water meter reading:
RESIDENTIAL RATES
WATER
USED PER YEAR
SEWAGE CHARGE
First 60,000 gallons $1.78
per 1,000 gallons
Next 40,000 gallons $2.12
per 1,000 gallons
Next 100,000 gallons $3.18
per 1,000 gallons
Excess over 200,000 gallons $4.24 per 1,000
gallons
For the purposes of the usage
rate any part or fraction
of 1,000 gallons shall be computed
as 1,000 gallons.
PROVIDED, HOWEVER, THAT REGARDLESS OF THE AMOUNT
OF WATER USED DURING THE CALENDAR YEAR, THERE IS A MINIMUM USERS FEE AND CHARGE
OF SEVEN AND 50/100 ($7.50) DOLLARS PER MONTH ON EACH USER, AND EACH USER
SHALL BE REQUIRED TO PAY EACH BILLING CYCLE EITHER THE MINIMUM RESIDENTIAL
USER’S FEE AND CHARGES OR THE COMPUTED
RESIDENTIAL USER’S FEE AND CHARGES, WHICHEVER IS GREATER.
COMMERCIAL AND INDUSTRIAL RATES
WATER
USED PER YEAR
SEWAGE CHARGE
First 100,000 gallons $2.12
per 1,000 gallons
Next 100,000 gallons $3.18
per 1,000 gallons
Next 300,000 gallons $4.24
per 1,000 gallons
Next 500,000 gallons $3.71
per 1,000 gallons
Excess over 1,000,000 gallons $3.18 per 1,000 gallons
For
the purposes of determining the usage quantity any part or fraction
of
1,000 gallons shall be computed as 1,000 gallons.
PROVIDED, HOWEVER, THAT REGARDLESS OF THE AMOUNT OP WATER USED DURING A YEAR, THERE IS A MINIMUM RENTAL FEE AND CHARGE OF EIGHTEEN ($18.00) DOLLARS PER MONTH ON EACH USER, AND EACH COMMERCIAL AND/OR INDUSTRIAL USER SHALL BE REQUIRED TO PAY EACH BILLING CYCLE EITHER THE MINIMUM USER’S FEE AND CHARGES OR THE COMPUTED COMMERCIAL AND/OR INDUSTRIAL USER’S FEE AND CHARGES WHICHEVER IS GREATER.
b. FLAT-RATE WATER USERS
The following schedule of rates shall be applicable
to water users whose water bills are based upon a flat rate as distinguished from those whose water bills are
based upon meter readings; all flat-rate water residential customers will
be billed upon an equivalent residential unit basis (ERU). The average residential
usage is estimated as 20,000 gallons per quarter. Each residential flat-rate
account shall be billed for sewage services based upon this average unless
proof is established that the customer’s usage is less.
c. OTHER WATER USERS
The quantity of water used by water users other than
those referred in Sub-Section (a) and (b) above, shall be estimated by the
Authority, and each such water user’s sewage charge shall be calculated by
applying the schedule of rates set forth in Sub-Section (a) of this section
to the estimated quantity, unless proof is established that the customer’s
usage is less.
SECTION 4.
PENALTIES AND INTEREST
Sewage bills which are not paid promptly shall be subject
to penalties and interest as follows:
a. BILLS OF WATER USERS
All sewage charges billed to water users other than
municipalities shall be payable on or before the due date shown on the sewage
bill. After such due date, a penalty of ten percent (10%) shall be payable,
plus interest on any overdue bills, computed on both the amount of the bill
added to the amount of the penalty, at the rate of ten percent (10%) per annum
based on a 360 day year. Interest shall be computed for each day delinquent
and interest shall begin on the day after the due date. Computation of the
sewage charges shall be computed not less than quarterly, and due dates shall
not be extended beyond April 30, July 31, October 31 and January 31; Provided,
if the due date falls on a non-business day or holiday recognized by the Authority,
then the due date shall be the next business day.
SECTION 5.
GENERAL PROVISION
a. The sewage bill will be sent to and shall be payable by the
party to whom water bills are addressed, and in the case of all water users
to whom no water bills are addressed, the sewage bill will be sent to and
shall be payable by the occupants of the premises. However, regardless to
whom the water bill is addressed or if there is an absence of an address,
the sewage rental charge is owed, jointly and severally, by the occupants
of the premises and by the recorded owners of the realty. Therefore, it is
the duty of the recorded owners of the realty to make provisions that any
occupant of the realty pays the sewage fees, charges, or assessments when
due. All unpaid sewage fees, charges, or assessments, together with penalty
and interest, shall become a lien on the realty.
b. In the event the party under Sub-Section (a) of this section
is not the owner of the property, the parties to whom the bill is sent may
supply the Authority with the name of the owner, and the sewage bill will
be sent to such owner.
c. The quantity of water which does not reach a metered water
user’s sewer, may be separately metered in accordance with requirements set by the Authority, and such separate metered
water will not be included in the quantity upon which the sewage charges are
calculated. A charge of $10.75 per reading will be imposed.
d. Subject to the prior written approval of the Authority, the
commercial or industrial water user may install a sewage meter, in which event
the sewage charge will be based upon the quantity of sewage so metered. A
charge of $10.75 per reading will be imposed.
SECTION 6. That
the collector of said sewage fee, charges or assessments shall be designated
and appointed, from time to time, by Resolution, and shall receive such compensation
for its services and expenses as determined, from time to time, by the Board
of the West Mifflin Sanitary Sewer Municipal Authority. The collector of said
sewage fee, charges, or assessments shall, if required by the Board, furnish
a Bond with corporate sureties acceptable to the Board of the Authority conditioned
upon faithful performance of its duties as prescribed by the Authority and
by Ordinances of the Borough of West Mifflin. The amount of the Bond shall
be set by Resolution of the Board.
The collector of said sewage fee, charges or assessments
shall turn over to the Authority for deposit by the Administrative Manager
into the Authority’s General Fund or Revenue Fund, as the case may be, all
receipts and monies received in payment of said sewage bills.
The Authority may, in lieu of having the funds turned
over to the Administrative Manager, establish an Authority account for direct
deposit by the said collector. The Administrative Manager and Board shall
establish the procedure for deposit by the said collector, but all monies
received by the Collector pursuant to this Resolution shall be deposited within
seven (7) business days. Additionally, the Administrative Manager shall set
the procedure and time intervals for period reconciliation and status reports
on all accounts.
SECTION 7. That
all use fees, charges and/or assessments shall be a lien upon the realty charged
with the payment thereof, from the first (1st) day due until paid together
with any interest, penalty and cost due. The said use fee, charges or assessments,
together with penalty and interest attached thereto, shall be due and payable
on a quarterly billing cycle with
the following due dates:
a. The first quarterly payment shall be due on or before April 30th at face;
the second quarterly payment shall be due on or before July 31st at face;
the third quarterly payment shall be due on October 31st at face; and the
final quarterly payment shall be due on or before January 31st at face.
b. In the event that the quarterly payments are not paid by the
due date, the same shall become
delinquent and subject to said interest at the rate often percent (10%) per
annum, and said penalty of ten percent
(10%).
SECTION 8. The
Authority Solicitor is hereby empowered to lien the realty for any delinquent
amount, and additionally, to enforce collection of any delinquent fees, charges
or assessments by reducing the lien to judgment and executing on said judgment
in accordance with law. In addition to the power to lien realty and to proceed
to sheriff sale on said realty to satisfy any delinquent amount due the Authority
under this Resolution, the Solicitor is also permitted to proceed in assumpsit
against the owner of the realty and/or against the user of the water, either
jointly or severally, to collect any and all monies due the Authority hereunder,
including the collection of the penalty often percent (10%) per annum, and
the interest computed at a rate of ten percent (10%) per annum as heretofore
stated, together with an attorney fee and/or commission of five percent (5%), as permitted by statute for
the collection of delinquent municipal claims, and to reduce any award to
judgment and to execute said judgment against any and all assets of the delinquent
sanitary sewer user who is the actual user and/or realty owner, jointly and
severally. When any Statute or Resolution permits a larger interest rate,
penalty, or attorney’s fee than that stated herein, then the Solicitor shall
have the prerogative to proceed under said Statute or Resolution or any part
of any Statute or Resolution that will produce the greatest return to the
Authority or that will reduce the cost of the proceedings to the Authority.
SECTION 9, The
Authority shall provide the facilities and personnel necessary for the administration
and application of this Resolution, and for the collection of the rentals,
charges and assessments hereunder.
SECTION 10. This
Resolution is not applicable to the Volunteer Fire Companies and West Mifflin
Emergency Medical Service of the Borough of West Mifflin.
SECTION 11. If
any sentence, clause or section, or any part of this Resolution is, for any
reason, found to be unconstitutional, illegal or invalid, such unconstitutionality,
illegality or invalidity shall not affect or impair any of the remaining provisions,
sentences, clauses or sections or parts of this Resolution. It is hereby declared
as the intent of the Authority that this would have been enacted had such
unconstitutional, illegal or invalid sentence, clause or section, or part
thereof not be included herein.
SECTION 12. Any Resolution or parts of Resolutions which are contrary to or conflict
with the provisions of this Resolution are hereby repealed to the extent necessary
to give this Resolution full force and effect.
SECTION 13. This
Resolution shall be effective from the date the sewer treatment system and
sewer system is transferred from the Borough of West Mifflin to the West Mifflin
Sanitary Sewer Municipal Authority (the “Authority”) and ending December 31,
of the current year, except that the said fees and charges imposed for the
first time shall become effective from the date this Resolution is enacted,
and the sewage line use and/or sewage treatment use fees, charges or assessments
shall continue in force
on a calendar year basis, without reenactment, unless the rates are subsequently
charged. Changes in the rates shall become effective on the date specified
in the Resolution setting the new rates. The fees, charges or assessments
for the initial billing cycle shall be due the date specified in said bill,
and the amount due shall be computed by multiplying the rates set forth in
Section 3 of this Resolution, to the quantity of water used as indicated by
the water use meter reading or estimated quantity for the period of January
1, 1997 through March 31, 1997, or, if applicable, shall be the minimum fee
as set forth in Section 3 of this Resolution, and thereafter, all said fees,
charges or assessments shall be based on the each succeeding quarter water
use meter reading, or estimated quantity from April 1st through June 30th,
thence from July 1st through September 30th, and thence from October 1st through
December 31st, and thereafter, on each succeeding quarterly water use meter
reading, from succeeding quarter to succeeding quarter; Provided, however,
to compute the correct fees, charges or assessments due each quarter, the
gross amount of water usage from prior quarters
occurring in the same calendar year shall be added to the current quarter
to determine the applicable rate to apply for that specific billing cycle,
and each quantity of water usage shall be added to the gross water usage of
prior quarters during the same calendar
year to determine the proper rate to apply for any specific quarter. After
the initial billing cycle, all subsequent billing cycles shall be due on the
dates set forth in
Section 7 of this Resolution.
Any person whose water usage is based on a flat fee,
or whose water usage is not computed by a meter shall be subject to the sewage
fees, charges, or assessments that shall be computed on the basis of a FLAT
FEE WATER USER, as set forth above in Section 3(b), or in accordance with
Section 3(c). which ever is applicable under the circumstances.
SECTION 14, This Resolution is intended to be read in pan materia
with Ordinance No. 976 of the Borough of West Mifflin enacted April 11, 1991 and
is not intended to rescind Section 10 of said Ordinance, which provides for
civil penalties for failure to pay any quarterly fee, charge or assessment.
RESOLVED,
this 3rd day of July 1996.
ATTEST:
WEST MIFFLIN SANITARY SEWER
MUNICIPAL AUTHORITY
Daniel Davis, Secretary
Anthony Panichelli, Chairman