[HISTORY: Adopted by the Board of Supervisors of the Township
of Springfield as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-17-2017 by Ord. No. 1-2017]
The Township 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.
The Township hereby designates and authorizes Pennsylvania Municipal
Service Company by and through its legal counsel to lien properties
and to appear before any Magisterial District Judge or any other appropriate
court on behalf of the Township 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.
A.
Pennsylvania Legislature adopted Act 1 of 1996 and Act 20 of 2003[1] (hereinafter "Act 1 and Act 20") 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.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
B.
The Township desires to exercise all of its legal authority in accordance
with the legislative pronouncements set forth in Act 1 of 1996 and
Act 20 of 2003 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.
C.
The Township and Pennsylvania Municipal Service Company agree as
follows:
(1)
The Township 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, liening fees, etc., assessed and levied pursuant to the Township's
resolutions and/or ordinances.
(2)
The Township sets forth and 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 Magisterial District
Judge 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 Magisterial District
Judge 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 C(2)(a) and (b), any attorney's fees, posting fees, notice fees and liening 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 article.[2]
[2]
Editor's Note: Said appendix is on file in the Township offices.
(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.
All ordinances or parts thereof that conflict or are inconsistent
herewith are repealed to the extent necessary to give this article
full force and effect. If any section or portion of this article is
invalidated for any reason, that portion shall be deemed a separate
and independent provision and such determination shall not affect
the validity of the remaining portions of this article.
