Questions about eCode360? Municipal users Join us Monday through Wednesday between 12pm and 1pm EDT to get answers and other tips!
Borough of Liberty, PA
Allegheny County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[Ord. 2017-03, 3/8/2017]
The Borough designates Pennsylvania Municipal Service Company as its exclusive agent for purposes of collecting delinquent sewage fees as well as any and all penalties, interest and costs assessed and levied pursuant to all resolution and/or ordinances respecting said taxes, during the period of this agreement.
[Ord. 2017-03, 3/8/2017]
The Borough hereby designates and authorizes Pennsylvania Municipal Service Company by and through its legal counsel to appear before any District Justice or any other appropriate court on behalf of the Borough in those cases in which Pennsylvania Municipal Service Company determines legal action would be appropriate means of collecting the delinquent sewage fees and any penalties, interest, costs and reasonable costs due and owing.
[Ord. 2017-03, 3/8/2017]
Because Pennsylvania legislature adopted Act 1of 1996 and Act 20 of 2003 (hereinafter "Act 1" and "Act 20") to allow a municipality to approve reasonable costs, charges and expenses ("reasonable costs") which may be imposed on the delinquent ratepayer, collected and retained by the delinquent fee collector; and, the Borough desires to exercise all of its legal authority in accordance with the legislative pronouncements set forth in Act 1 of 1996 and Act 20 to encourage the collection of delinquent fees and to eliminate the expense associated with such collections by imposing the reasonable costs on the delinquent ratepayer, the Borough and Pennsylvania Municipal Service Company agree as follows:
1. 
The Borough designates Pennsylvania Municipal Service Company as its exclusive agent for purposes of collecting delinquent sewage fees including all penalties, interest, costs, reasonable costs, attorney fees, etc. assessed and levied pursuant to the Borough's resolutions and/or ordinances.
2. 
The Borough set forth approves the following reasonable costs to be paid to Pennsylvania Municipal Service Company by the delinquent ratepayer:
A. 
A sum of 10% of gross collections of all delinquent sewage fees plus delinquent costs, charges and expenses prior to the initiation of enforced collection proceedings before the District Justice or other court and the amount of 20% of gross collections plus delinquent costs, charges and expenses on or after the initiation of enforced collection proceedings before the District Justice or any other court. Said amount shall be deemed compensation and reasonable costs for services rendered by Pennsylvania Municipal Service Company in the collection of delinquent sewage fees.
B. 
For purposes of this provision, the term "gross collections" shall mean the original tax plus applicable penalties and interest.
C. 
In addition to the amounts set forth in Subsection 2A and B, any attorney's fees, posting fees and notice fees related to collection of delinquent fees, interest, penalty or other charges shall be paid by the delinquent ratepayer as part of the reasonable costs to be paid to Pennsylvania Municipal Service Company by the delinquent ratepayer. A schedule of said charges, costs and expenses is set forth as Appendix A to this Part.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
D. 
Such reasonable costs, together with and including costs, reimbursement for postage and other out-of-pocket expenses, shall be collected directly from the delinquent ratepayers in accordance with Act 1 of 1996 and Act 20 of 2003 and all other applicable laws.