RESOLUTION
NO 27-98
A
RESOLUTION
OF THE WEST MIFFLIN SANITARY SEWER MUNICIPAL AUTHORITY, ALLEGHENY COUNTY,
PENNSYLVANIA, AMENDING AND REPLACING RESOLUTIONS NO. 3-96 EFFECTIVE JULY 6,
1996, AND 3-96-C EFFECTIVE FEBRUARY 6, 1998, 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; 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 COMMENCING
WITH THE DATE THE SYSTEM IS TRANSFERRED TO THE AUTHORITY FROM THE BOROUGH
OF WEST MIFFLIN FOR THE BALANCE OF THE CALENDAR YEAR 1998 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:
SECTION 1. That commencing on July 1, 1998 through December
31, 1998, 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 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 water usage tapes provided by Pennsylvania American Water
Company. 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.
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
Minimum Monthly Charge:
$12.08 for first 4,200 gallons
WATER USED PER YEAR SEWAGE CHARGE
First 60,000 gallons $2.87
per 1,000 gallons
Next 40,000 gallons $3.41
per 1,000 gallons
Next 100,000 gallons $5.12 per 1,000 gallons
Excess over 200,000 gallons $6.83 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.
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
Minimum Monthly Charge:
$28.98 for the first 4,200 gallons
WATER USED PER YEAR SEWAGE CHARGE
First 100,000 gallons $3.41 per
1,000 gallons
Next 100,000 gallons $5.12 per 1,000 gallons
Next 300,000 gallons $6.83 per 1,000 gallons
Next 500,000 gallons $5.97 per 1,000 gallons
Excess over 1,000,000 gallons $5.12 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.
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.
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 Subsection (a) of this section to the estimated quantity,
unless proof is established that the customer's usage is less.
c. HOMEOWNERS’ SWIMMING POOLS
Private
homeowners who install new swimming pools may receive a one time adjustment
for the water initially used to fill the pool upon providing to the Authority
a copy of the receipt of purchase of the swimming pool, a copy of the Borough’s
pool permit and a statement of the number of gallons required to fill the
pool. All subsequent water used to
fill or refill the pool will not be adjusted.
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 (10%) percent 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 (10%) percent 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 monthly; Provided, if the due date
falls on a non-business day or a holiday recognized by the Authority, then
the due date shall be the next business day.
SECTION 5. GENERAL
PROVISIONS
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 fee, 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 Subsection
(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 with an additional
separate Pennsylvania American Water Company meter, which must have written
approval by the West Mifflin Sanitary Sewer Municipal Authority prior to installation.
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 Revenue Fund, 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 (the fifth day of each month) 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 monthly billing cycle.
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 of ten (10%) percent per annum, 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 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, West Mifflin Emergency Medical Service (PRISM)
of the Borough of West Mifflin and the Borough of West Mifflin, for in-kind
services; and cemeteries with the exception if the cemetery has an occupied
house, then the occupants will pay a sewage fee.
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 July 1,
1998, 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 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 Section 3 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 minimum fee as set forth in Section
3 of this Resolution, and thereafter, all said fees, charges or assessment
shall be based on the each succeeding monthly water use meter reading, or
estimated quantity, from succeeding month to succeeding month; Provided, however,
to compute the correct fees, charges or assessments due each month , the gross
amount of water usage from prior months occurring in the same calendar year
shall be added to the current month 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 month during the same calendar year
to determine the proper rate to apply for any specific month. After the initial billing cycle, all subsequent
billing cycles shall be due on the last day of each month.
SECTION 14. 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 4 day
of June 1998.
ATTEST:
Michael Price, Secretary
WEST MIFFLIN SANITARY
SEWER MUNICIPAL AUTHORITY
Cynthia A. Sullivan, Chairman