Township of Upper Merion, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of Upper Merion Township as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-27-2010 by Ord. No. 2010-791; amended in its entirety 9-18-2014 by Ord. No. 2014-831]
In accordance with the Community and Economic Improvement Act, 53 P.S. § 18101 et seq. (the "Act"), the King of Prussia Business Improvement District (KOP BID) was established by the Township in the adoption of Ordinance No. 2010-791 on May 27, 2010, with a five-year sunset provision and subsequently renewed for an additional five-year term effective May 27, 2015, extending its term of existence through May 27, 2020.
The King of Prussia Business Improvement District, Inc., a Pennsylvania nonprofit corporation with offices at 234 Mall Boulevard, Suite 150, King of Prussia, Pennsylvania 19406, is the Neighborhood Improvement District Management Association for the KOP BID under both the initial five-year term of the KOP BID and the five-year renewal term set forth in § 7-1.
The Board of Supervisors has approved the preliminary renewal plan for the KOP BID, and having made no revisions pursuant to public comment or objection at the public hearing on the preliminary plan held on June 26, 2014, or during the forty-five-day period subsequent to said public hearing, the plan has been made final. The final plan is attached hereto as Exhibit A.[1] Pursuant to the final plan, the King of Prussia Business Improvement District, Inc., is granted the power to assess property owners within the KOP BID a special property assessment fee.
[1]
Editor's Note: Exhibit A is on file in the Township offices. See § 7-6.
[Amended 12-7-2017 by Ord. No. 2017-852]
A. 
The King of Prussia Business Improvement District, Inc., shall be responsible for the collection of annual assessment fees, unless the organization requests that those responsibilities be handled by the Township. Any necessary liens for nonpayment of property assessment fees shall be imposed as set forth in the Act.
B. 
In the event the Township undertakes the responsibility for the collection of annual assessment fees pursuant to Subsection A above, the Board of Supervisors may appoint a Collection Authority to manage the collection of the property assessment fees and to enter into an agreement with the King of Prussia Business Improvement District, Inc., in the form approved by the Township Solicitor, which agreement shall include the following:
(1) 
A detailed description of the respective duties and responsibilities of the Township and the King of Prussia Business Improvement District, Inc., with respect to the KOP BID as set forth in the final plan approved under § 7-3 of this article.
(2) 
An agreement that the Township will maintain within the KOP BID the same level of municipal programs and services that were provided within the KOP BID before establishment.
(3) 
A "sunset provision," providing for the termination of the agreement, effective upon the expiration of the renewal term of the KOP BID, as set forth in § 7-1 of this article, and that the agreement may not be renewed unless the KOP BID is continued beyond that date in accordance with the sunset provisions of § 7-5 of this article.
(4) 
The Collection Authority will be responsible for the collection of all property assessment fees levied within the KOP BID and disbursing the funds to the King of Prussia Business Improvement District, Inc. Property assessment fees must be paid in full by March 15 of the applicable assessment year. The King of Prussia Business Improvement District, Inc., may authorize the Collection Authority to provide uniform discounts for prompt payments of property assessment fees consistent with current Upper Merion Township bill and tax collection procedures. If the property assessment fees are not paid in full by May 1 of the applicable assessment year, a penalty in the amount of 10% of the assessed annual fee shall be added to the total amount due.
(5) 
If the property assessment fee and added penalty is not paid in full by December 31 of the same assessment year, the Township shall file a lien upon the lands, tenements or hereditaments, or any interest therein, lying, being situated, wholly or in part, within the assessed property for nonpayment of the property assessment fees as set forth in the Act at 53 P.S. § 18107(a)(10). In addition to the amount then outstanding, the Township may charge accrued interest on the total amount owed at a rate of 9% per annum, and reimbursement for all charges, expenses, and fees incurred in the collection of any delinquent account, including, but not limited to, all court costs, filing fees, and reasonable attorneys' fees incurred.
(6) 
At least 30 days prior to imposing attorneys' fees, the Township will notify, by certified mail, the delinquent property owner of its intention to impose attorneys' fees and specify the manner in which the imposition of attorneys' fees may be avoided by payment of the account. In the event certified mail is refused, the Township will send a similar notice, by regular mail, 10 days prior to imposing attorneys' fees. The notice provided shall be sent to the delinquent property owner's last known post office address, as it is maintained in the office of the Collection Authority.
(7) 
No lien or collection action taken by the Township shall affect the status of any subsequent property assessment fee for any following year, each of which shall continue to become a lien upon the property annually pursuant to Subsection B(5) above.
The KOP BID shall terminate on May 27, 2020. The KOP BID may be continued beyond that date if the Township reenacts this article following a review of the KOP BID and the programs and services provided by King of Prussia Business Improvement District, Inc., within the KOP BID.
The Township Manager's office shall keep on file the document referred to as Exhibit A in § 7-3 of this chapter, and all accompanying documents referenced in Exhibit A, and shall make them available for inspection by the public during regular office hours.