RESOLUTION NO.  125-10

 

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, 100-06 And 118-09 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 YEAR 2010 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, pursuant to action of the Board of Directors dated September 2, 2010 to amend the Rate Resolution and memorialized in this Resolution, commencing on September 2, 2010 through December 31, 2010, 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 January 1, 2010, 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 the action of the Board of Directors dated September 2, 2010 to amend the Rate Resolution and as memorialized herein, 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 7th day of October 2010

 

ATTEST:                                                                                            WEST MIFFLIN SANITARY SEWER            MUNICIPAL AUTHORITY

 

B. Frank Genes, Secretary                                                                                                              Richard M. Babjak, Chairman