RESOLUTION NO. 118-09
A RESOLUTION OF THE WEST MIFFLIN SANITARY SEWER MUNICIPAL
AUTHORITY, ALLEGHENY COUNTY, PENNSYLVANIA, AMENDING RESOLUTIONS 3-96, 29-98,
54-00, 67-02, 72-02, and 100-06 ENACTING, ESTABLISHING, FIXING AND IMPOSING
SEWAGE RATES AND CHARGES FOR THE USE AND SERVICES OF THE VARIOUS SANITARY
SEWER SYSTEMS IN SERVICE AREA “A” OF THE AUTHORITY; ESTABLISHING THE BASIS
FOR SUCH RATE OR CHARGES; AND PROVIDING THAT ALL USERS OF THE VARIOUS SEWAGE
SYSTEMS IN THE SERVICE AREA BE CHARGED THE RATES SET FORTH FOR THE REMAINDER
OF 2009 AND FOR EACH CALENDAR YEAR THEREAFTER, FOR THE MAINTENANCE AND SUPPORT
OF SANITARY SEWER SYSTEMS AND THE SANITARY SEWER TREATMENT SYSTEMS FOR THE
AFORESAID PERIODS.
NOW THEREFORE, be it
resolved and it is hereby resolved as follows:
1. That
commencing on July 1, 2009 through December 31, 2009, and for each calendar
year thereafter, there is hereby imposed and established for the use and
service of the various sanitary sewer systems and sewage treatment plants in
service area “A” of the West Mifflin Sanitary Sewer Municipal Authority
(“WMSSMA”) fees, charges and assessments to all property serviced by a sewer
system and/or sewage treatment plant as hereinafter set forth. The imposed fees 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 plants of WMSSMA or the interceptor and plant operated by the
Allegheny County Sanitary Authority (“ALCOSAN”) or the plant operated by the
Clairton Municipal Authority utilized by customers within the service area of
WMSSMA.
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 WMSSMA, 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 water
usage data provided by Pennsylvania American Water Company or other Board
approved methodology. Where water is
furnished to any user as herein provided, whether by any municipality, utility
company or municipal authority, the flow of water measured by meter 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. If no water is billed during any billing
period and the water service is still active, the service fee shall be billed
to the customer.
3. GENERAL RATES.
The rates for said sewer system
and/or sewage treatment plant use to premises serviced within service area “A”
of WMSSMA shall be as follows:
(A) Water Meter Users.
The
schedule of rates listed on Attachment A is applicable to all users of metered
water and the charges shall be based upon the monthly quantity of water
delivered to each water user as measured by the most recent available water
meter reading.
(B) Other Water Users.
It
is also provided that the quantity of water used by water users other than
those referred to in Subsection A above shall be
estimated by WMSSMA and each such water user sewage charge shall be calculated
by applying the schedule of rates set forth herein to the estimated quantity
unless proof is established that the customer’s usage is less.
(C) Swimming Pools.
WMSSMA
will issue a one time adjustment for the water used for the initial of the
receipt of purchase or installation of the swimming pool, a copy of the Borough’s
pool permit and the statement of the number of gallons required to fill the
pool. All subsequent water use to fill
or refill the pool will not be adjusted.
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 the municipal entities set
forth in Section 10 below,, shall be payable on or before the due date shown on
the sewage bill. After such due date, a
penalty at the rate of ten (10%) percent per annum , plus interest at the rate
of ten (10%) percent per annum computed based upon both the amount of the bill
and the amount of the penalty, shall be
assessed 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 monthly; provided, if the due date falls on a non-business day or a
holiday recognized by WMSSMA, then the due date shall be the next business day.
5. GENERAL PROVISIONS.
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
occupant(s) of the premises. However,
regardless of to whom the water bill is addressed or if there is an absence of
an address, the sewage fees and charges are owed, jointly and severally, by the
occupant(s) of the premises and by the recorded owner(s) of the realty. Therefore, it is the duty of the recorded
owner(s) of the realty to make provisions to insure that any occupant of the
realty pays the sewage fees, charges, and/or assessments when due. All unpaid sewage fees charges, and/or
assessments, together with penalty and interest, shall become a lien on the
realty.
In the event that the party under
Subsection 4(a) of this section is not the owner of the property, the parties
to whom the bill is sent may supply WMSSMA with the name of the owner and the
sewage bill will be sent to such owner.
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 WMSSMA. 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 WMSSMA conditioned upon faithful
performance of its duties as prescribed by WMSSMA 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 WMSSMA for deposit by into WMSSMA’s
Revenue Fund, all receipts and monies received in payment of said sewage bills.
WMSSMA
may, in lieu of having the funds turned over to them, establish an account for
direct deposit by the said collector.
The 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 of receipt. Additionally, the Board shall set the
procedure and time intervals for period reconciliation and status reports on
all accounts.
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 (the fifth day of each month) until paid together
with any interest, penalty and cost due.
Said use fee, charges or assessments, together with any penalty and
interest, shall be due and payable on a monthly billing cycle.
8. The
WMSSMA 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 WMSSMA 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 WMSSMA hereunder, including the
collection of the penalty of ten (10%) percent and the interest computed at a
rate of ten (10%) percent per annum as heretofore stated, together with an
attorney fee and/or commission of five (5%) percent, 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 the realty owner,
jointly and severally. When any Statute
or Resolution permits a larger interest rate, penalty, or attorney's fee other
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 WMSSMA or that will reduce
the cost of the proceedings to WMSSMA.
9. WMSSMA 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.
10.
This Resolution is not applicable to
the Volunteer Fire Companies, West Mifflin Emergency Medical Service (PRISM) of
the Borough of West Mifflin and the Borough of West Mifflin insofar as the
property is utilized by the Borough of West Mifflin for public purposes. Any portion of the property utilized by the
Borough of West Mifflin or any other exempt entity for private purposes or for
leased purposes shall be subject to these charges on a pro rata basis. Moreover, this Resolution is not applicable
to cemeteries; however, if the cemetery includes an occupied house, the
occupants shall pay a sewage fee. This
Resolution is applicable to tenants of the Borough of West Mifflin.
11. Sewer Service Area “A” shall refer to the
WMSSMA service area that exists on May 1, 2009, whether or not the customers
are being billed by the WMSSMA.
12. 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 WMSSMA that this would have been enacted
had such unconstitutional, illegal or invalid sentence, clause or section, or
part thereof not been included herein.
13. 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.
14. This Resolution shall be effective from
July 1, 2009, except that the said fees and charges imposed for the first time
shall become effective from the date that 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 changed. 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 Attachment A of this Resolution, to the quantity of water used as
indicated by the water use meter reading or estimated quantity for the month,
or, if applicable, shall be the service charge as set forth in Attachment A of
this Resolution.
15. This Resolution is intended to be read in
pari 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 monthly fee, charge or assessment.
RESOLVED, this 9th day
of June, 2009
Richard M. Babjak, Chairman
ATTEST: