[Amended by Ord. No. 76-3; 12-14-2017 by Ord. No. 2017-02]
There is levied, assessed and imposed hereby a per capita tax
in the amount of $10 per annum upon every person 18 years of age or
over, resident of, or residing in, the Township of Upper Frederick,
Montgomery County, Pennsylvania, for road construction, repair and
maintenance and for general revenue purposes of the Township of Upper
Frederick.
The tax imposed and levied hereby is for a period
of one year and shall be collectible and paid at the same time or
times and in the same manner as other Township taxes are levied or
collected upon property made taxable for Township purposes, for the
year 1967.
[Amended 3-14-1968 by Ord. No. 68-1]
It is the considered opinion of the Township
Board of Supervisors, after careful inquiry and deliberation, and
the Supervisors find that the tax levied and imposed hereby will yield
the sum of $3,285 annually, which tax and the said sum to be derived
by collection thereof are required for general revenue purposes for
the construction, repair and maintenance of Township roads and the
administration of Township government as authorized under the Pennsylvania
Second Class Township Code.
The taxes levied and imposed hereby are and
shall be in addition to all other taxes levied or imposed by the Township
of Upper Frederick.
The taxes levied by this article shall be collected
by the duly elected or appointed Tax Collector, and the compensation
of the Tax Collector shall be allowed and paid the same as shall be
fixed from time to time for the collection real estate taxes of the
Township, as provided by the Local Tax Collection Law of 1945, as
amended and supplemented and by the provisions of Act 511, approved
December 31, 1965.
[Amended by Ord. No. 76-3]
The entry of the per capita tax in the duplicate
and the issuance of such duplicate to the Tax Collector shall constitute
his warrant for the collection of the per capita tax hereby levied
and assessed. The Tax Collector or any Township Supervisor finding
at any time within the Township any resident or inhabitant above the
age of 18 years whose name does not appear upon the tax duplicate
shall report the name and address of such person forthwith to the
assessor, who shall, after proper investigation, certify the same
unto the Township Tax Collector, whereupon the Tax Collector shall
add the name and assessment of this per capita tax against such person
to the duplicate of Township and proceed to collect the same.
[Amended 8-13-1998 by Ord. No. 98-4]
There is conferred hereby upon the Tax Collector
all power together with all the duties and obligations to the same
extent and as provided in the Pennsylvania Local Tax Collection Law
of 1945, as amended and supplemented. In addition to said powers and
not in limitation thereof, the Tax Collector shall have the following
powers:
A. The Tax Collector may sue in the name of the Township
for the recovery of taxes due and unpaid under this article.
B. The Tax Collector shall demand, receive and collect
from all corporations, political subdivision, associations, companies,
firms or individuals employing persons owing delinquent per capita
tax or whose wife owes delinquent per capita tax or having in possession
unpaid commissions or earnings belonging to any person or person owing
delinquent per capita tax or whose wife owes delinquent per capita
tax upon the presentation of a written notice and demand under oath
or affirmation containing the name of the taxable or the husband thereof
and the amount of tax due. Upon the presentation of such written notice
and demand, it shall be the duty of any such corporation, political
subdivision, association, company, firm or individual to deduct from
the wages, commissions or earnings of such individual employees then
owing, or that shall within 60 days thereafter become due, or from
any unpaid commissions or earnings of any such taxable in its or his
possession, or that shall within 60 days thereafter come into its
or his possession a sum sufficient to pay the respective amount of
the delinquent per capita tax and costs shown upon the written notice
or demand, and to pay the same to the Tax Collector of the Township
within 60 days after such notice shall have been given.
C. All other penalties and sanctions of the Local Tax
Collection Law, as amended, and the Local Tax Enabling Act of 1965
are hereby adopted as the provisions of this article, including provision
for discount if paid within two months of the tax notice as though
set forth at length herein.
The Tax Collector shall remit said taxes to
the treasurer of the Township by separate statement at the same time
as other taxes are remitted.
The expenses of collections, the compensation
to the Tax Collector for the collection of the tax imposed by this
article and also the expenses and compensation for the collection
of delinquent per capita taxes provided or authorized in the Local
Tax Collection Law of 1945 as amended and supplemented, and the Local
Tax Enabling Act, Act No. 511, approved December 31, 1965, are hereby
incorporated by reference thereto with as full affect as though set
forth at length herein.
[Added 3-14-1968 by Ord. No. 68-1]
This tax shall continue in effect from year
to year at the same rate and for the same purpose as required in the
original enactment by the Township without any further reenactment
or action the Township Board of Supervisors.