RESOLUTION NUMBER 20171220
EVANS CITY WATER AND SEWER AUTHORITY,
BUTLER COUNTY, PENNSYLVANIA
A RESOLUTION AUTHORIZING THE ADOPTION OF SCHEDULE OF ATTORNEY FEES PURSUANT TO THE MUNICIPAL CLAIMS AND TAX LIENS ACT, 53 P.S. §7101, ET SEQ.
WHEREAS, the Evans City Water and Sewer Authority (“ECWSA”), is authorized by statute to impose or assess on any property “municipal claims”, as used in the Municipal Claims and Tax Liens Act (the “Act”) arising out of, or resulting from, water or sewer rents and services; and
WHEREAS, the Act further provides that municipal claims are a first lien on the property, together with all charges, expenses, and fees incurred in the collection of any delinquent account, including reasonable attorney fees added thereto for failure to pay promptly; and
WHEREAS, the Act further provides that the municipal authority shall adopt a schedule of attorney fees, where attorney fees are sought to be collected in connection with the collection of a delinquent account.
NOW THEREFORE, the following Resolution establishing a schedule of attorney fees is ORDAINED and ENACTED as follows:
1. There shall be charged to the account subject to collection an amount equal to the charge to ECWSA based upon the hourly rate of the attorney for ECWSA at the time the action to file the municipal claim is authorized. As of the date of this Resolution the hourly rate is $125 per hour;
2. The hourly rate aforesaid may be adjusted from time to time in consideration of the time and labor required, the novelty and difficulty of the questions involved and the skill requisite to properly undertake collection and representation of ECWSA, as well as the amount of the delinquent account collected and the benefit to ECWSA from the services.
ORDAINED AND ENACTED this 20th day of December, 2017.
EVANS CITY WATER AND
Edward Tanski, Chairman