[Ord. 882, 12/12/1975]
As provided in § 1-302{140}, the Solicitor, who shall
be an Attorney at Law or a firm of Attorneys, shall be appointed by
Council. He shall serve at the pleasure of Council.
[Ord. 882, 12/12/1975]
The functions of the Solicitor shall be as follows:
a.
To advise Council and the Manager or any municipal officer, when
so requested by the Manager, upon all legal questions arising in the
conduct of the affairs of the Municipality.
b.
To prepare or revise ordinances when requested by Council or the
Manager.
c.
To give his written Opinion on any legal matter or question submitted
to him by Council or the Manager.
d.
To attend Council meetings when requested by Council.
e.
To prepare for execution all contracts and instruments to which the
Municipality is a party and approve as to form all bonds required
to be submitted to the Municipality.
f.
To represent the Municipality in all legal actions brought by or
against the Municipality.
g.
To adjust, settle, compromise or submit to arbitration any action
or cause of action, accounts or other matters in which the Municipality
is involved, as directed by Council.
h.
To make an annual report to Council and to the Manager of all pending
litigation in which the Municipality has an interest and the status
of that litigation.
i.
To keep records and to deliver all records, documents and property
of every description in his possession pertinent to this work as Municipal
Solicitor to his successor in office.
j.
To perform all other legal services requested by Council or the Manager.
[Ord. 882, 12/12/1975]
Council may appoint one or more Assistant Solicitors as it deems
necessary.
[Ord. 1534, 5/21/1997, Sections 1 and 2]
The Borough hereby approves the Statement of Collection Policies
for delinquent unpaid taxes, user charges and other items covered
by the Municipal Claims Act ("Accounts"):
a.
The Borough hereby approves the following attorney fees for services
in connection with the collection of compensation for the services
set forth below, all in accordance with the principles set forth in
Section 3.(a.1) of the Municipal Claims Law, as added by Act No. 1
of 1996 (the "Act").[1]
|
Legal Services
|
Fee for All Services Listed
|
|---|---|
|
Initial review and sending first demand letter
|
Hourly amount, as stipulated by the then-in-effect contract
with the Borough
|
|
File lien and mailing second demand letter
|
Same as above
|
|
Prepare Write of Scire Facias
|
Same as above
|
|
Obtain Reissued Writ
|
Same as above
|
|
Prepare and mail letter under Pa. R.C.P. § 237.1
|
Same as above
|
|
Prepare motion for alternate service
|
Same as above
|
|
Prepare motion for Summary Judgment and related Judgment
|
Same as above
|
|
Prepare Write of Execution
|
Same as above
|
|
Attendance at Sale; review Schedule of Distribution and resolve
Distribution issues
|
Same as above
|
|
Services not covered above
|
Same as above
|
[1]
Editor's Note: See 53 P.S. § 7106(a.1).
b.
There shall be added to the above amounts the reasonable out-of-pocket
expenses of counsel in connection with each of these services, as
itemized in the applicable counsel bills, which shall be deemed to
be part of the fees.
c.
The amount of fees determined, as set forth above, shall be added
to the Borough's claim in each Account.
[Ord. 1534, 5/21/1997, Section 3]
The following collection procedures are hereby established in
accordance with Act No. 1:
a.
At least 30 days prior to assessing or imposing attorney fees in
connection with the collection of an Account, the Borough shall mail
or cause to be mailed, by certified mail, return receipt requested,
a notice of such intention to the taxpayer or other entity liable
for the Account (the "Account Debtor").
b.
If, within 30 days after mailing the notice in accordance with Subsection
a, the certified mail to any Debtor is refused or unclaimed or the
return receipt is not received, then at least 10 days prior to the
assessing or imposing such attorney fees, the Borough shall mail or
cause to be mailed, by first-class mail, a second notice to such Debtor.
c.
All notices required by this ordinance shall be mailed to the Debtor's
last know post office address, as recorded in the records or other
information of the Borough, or such other address as it may be able
to obtain from the County Office of Assessment and Revision of Taxes.
d.
Each notice, as described above, shall include the following:
(1)
The type of tax or other charge, the date it became due and the amount
owed, including penalty and interest;
(2)
A statement of the Borough's intent to impose or assess attorney
fees within 30 days after the mailing of the first notice, or within
10 days after the mailing of the second notice;
(3)
The manner in which the assessment or imposition of attorney fees
may be avoided by payment of the Account; and,
(4)
The place of payment for Accounts and the name and telephone number
of the Borough official designated as responsible for collection matters.
