RESOLUTION NO. 36-98
Resolution of the West Mifflin Sanitary
Sewer Municipal Authority, Allegheny County, Pennsylvania, adopting a schedule
of attorney’s fees in connection with the collection of delinquent sewage
charges pursuant to Act I of 1996.
WHEREAS, the West Mifflin Sanitary
Sewer Municipal Authority is required from time to time to enforce collection
of delinquent sewage accounts; and
WHEREAS, the expense of such enforcement
and the recordkeeping and other services related to the collection, filing,
satisfaction, assignment and revival of real estate tax liens when absorbed
by the West Mifflin Sanitary Sewer Municipal Authority would constitute a
further demand on the Authority’s resources; and
WHEREAS, Act I of 1996 amends the Municipal
Claim and Lien Law (hereinafter “the Act”), Act of May 16, 1923, PL 207, 33,
as amended, 53 P.S. §7106 to permit Municipalities and Authorities
as defined under the Act, or their assigns, to recover reasonable attorney
fees in connection with the collection of Municipal claims as defined under
the Act from the persons and property owing such claims; and
WHEREAS, the Act requires that the
Authority involved must approve by Resolution a schedule of reasonable attorney
fees; and
WHEREAS, the Authority desires to exercise
such legal authority in order to encourage timely payment of sewer charges;
and
WHEREAS, the Authority has determined
that it is in the best interest of all ratepayers and other residents to have
vigorous enforcement of all delinquent charges, utilizing the procedures set
forth in the Act, except in the cases of serious hardship, which the Authority
will address on a case by case basis pursuant to uniform policies; and
WHEREAS, the Authority has reviewed
the subject of attorney fees for collection matters, and has determined that
the fees set forth in this schedule hereby adopted are reasonable in amount
for the services herein described.
NOW THEREFORE, be it
resolved and it is hereby resolved as follows:
1.
SCHEDULE OF FEES
(a)
The Authority
hereby approves the following schedule of attorney fees for services in connection
with the collection of accounts, which is hereby determined to be fair and
reasonable compensation for the services set forth below, all in accordance
with the principals set forth in Section 3 of the Municipal Claims Law as
added by Act No. 1 of 1996:
LEGAL SERVICES
FEE FOR SERVICES
Filing of lien
$150.00
Title search $250.00
Preparation and Service of
Writ of Scire Facias
$400.00
Required additional notice
and presentation of related
Motions regarding Federal
tax liens, judgments and
mortgages
$150.00
Alternative service of legal
pleadings
$250.00
Entry of Judgment
$150.00
Preparation of Writ of
Execution and attend
initial Sheriff sale
$750.00
and
attendance at second
and resolve
distribution issues $250.00
Installment payment
agreement
at taxpayer’s
request $100.00
Services not covered
above $150.00/hr. - attorney
$ 75.00/hr. - paralegals
$ 50.00/hr. – law clerks
(b) There
shall be added to the above amounts the reasonable out-of-pocket expenses
of counsel in connection with each of these services, including Sheriff’s
and Prothonotary’s costs.
(b)
The amount
of fees determined as set forth above shall be added to the Authority’s claim
in each account.
2.
This Resolution shall take effect on the date of enactment
set forth below.
3.
If any sentence, clause or section or any part of
this Resolution is 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.
4.
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.
Resolved this 3rd day of December 1998.
Cynthia A. Sullivan, Chairman
Michael Price