RESOLUTION NUMBER 20171220-A RESOLUTION AUTHORIZING THE ADOPTION OF SCHEDULE OF ATTORNEY FEES

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

                                                                                    SEWER AUTHORITY

                                                                                        By:

                                                                                           Edward Tanski, Chairman

ECWSA RESOLUTION 20171130 Approval of Callery Borough Purchase Agreement

RESOLUTION NUMBER 2017-1130

EVANS CITY WATER AND SEWER AUTHORITY,

 BUTLER COUNTY, PENNSYLVANIA

A RESOLUTION AUTHORIZING THE ACQUISITION OF CALLERY BOROUGH’S WASTEWATER COLLECTION SYSTEM; AUTHORIZING THE ENTERING INTO OF A PURCHASE AGREEMENT AS THE MEANS OF CONVEYANCE OF THE COLLECTION SYSTEM; AND AUTHORIZING OFFICIALS OF THE EVANS CITY WATER AND SEWER AUTHORITY TO SIGN THE PURCHASE AGREEMENT AND ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE TRANSACTIONS CONTEMPLATED IN THE PURCHASE AGREEMENT.

            WHEREAS, Evans City Water and Sewer Authority (“ECWSA”), an entity created pursuant to the Municipal Authorities Act, acting by and through a Board of Directors, owns and operates a wastewater collection system servicing residents and ratepayers in Evans City Borough, Forward Township, Adams Township and Jackson Township; and

            WHEREAS, Callery Borough (“Callery”), a municipal corporation, owns a gravity fed sewage collection system, servicing residents of Callery as well as Adams Township; and

            WHEREAS, Callery has offered to sell its sewage collection system to ECWSA and ECWSA, who presently treats Callery’s sewage, believes the acquisition of the system will improve its operating efficiencies and allow it to maximize economies of scale and better serve its customers; and

            WHEREAS, ECWSA and Callery have engaged in extensive discussions, negotiations and due diligence and have agreed upon the terms for a Purchase Agreement (“Agreement”) in substantially the same form presented to ECWSA herewith; and

            WHEREAS, in reliance upon the representations, warranties and covenants of Callery set forth in the Agreement, ECWSA has decided to acquire all the assets of Callery’s collection system (other than excluded assets), on the terms and subject to the conditions as set forth in the Agreement.

            NOW THEREFORE, be it resolved by ECWSA as follows:

1.         TRANSACTIONS.

            RESOLVED, in reliance upon the representations, warranties and covenants of Callery as set forth in the Purchase Agreement, ECWSA hereby approves the sale, transfer, assignment and delivery to ECWSA of all the assets of the sewage collection system (other than excluded assets) on the terms and subject to the conditions set forth in the Purchase Agreement;

2.         CERTIFICATIONS.

            FURTHER RESOLVED, ECWSA hereby certifies that: 1) Representations made by ECWSA in Article V of the Agreement are true and correct; and 2) ECWSA has complied with and performed in all material respects all covenants and obligations required under the Agreement;

3.         COOPERATION.

            FURTHER RESOLVED, that ECWSA shall cooperate with Callery to effectuate the transaction herein contemplated;

4.         AUTHORIZATION.

            FURTHER RESOLVED, that ECWSA hereby authorizes and directs its Chairman and other appointed officers and employees to execute and to deliver the Purchase Agreement, in substantially the form provided to ECWSA with such changes as approved by the Authority’s Solicitor, and such other documents and to do such other things as may be necessary to carry out the purposes and/or close the transactions contemplated by the Purchase Agreement.

DULY RESOLVED AND ADOPTED this 30 day of November, 2017, by ECWSA in lawful session duly assembled.

                                                                                    EVANS CITY WATER AND

                                                                                    SEWER AUTHORITY

                                                                                    By:

                                                                                           Edward Tanski, Chairman

ATTEST:

Timothy Green

Secretary

(SEAL) 

ECWSA RESOLUTION NUMBER 20170401 - Approval and Adoption of Rate Schedule Effective 04-01-2017

RESOLUTION

NO. 20170401

A RESOLUTION OF THE EVANS CITY WATER AND SEWER AUTHORITY

            WHEREAS, the Evans City Water and Sewer Authority (“ECWSA”) is a municipal authority created and subsisting by virtue of the Municipality Authorities Act, 53 Pa. C.S. Ch. 56, as amended (the “Act”); and

            WHEREAS, the Act authorizes ECWSA to fix, alter, charge and collect rates and other charges in the area served by its facilities at reasonable and uniform rates to be determined exclusively by it for the purpose of providing for the payment of the expenses of the authority, the construction, improvement, repair, maintenance and operation of its facilities and properties; and

            WHEREAS, ECWSA has undertaken an analysis and investigation of its expenses and all costs incurred by it in order to provide services to its customers in the manner required by the Act; and

            WHEREAS, the Act further empowers ECWSA to exercise all powers necessary or convenient for the carrying out of the foregoing purposes and to that end, ECWSA does, by this Resolution, adopt the following Rate Schedules:

Sewer

                        Customer Charge                                $9.70/customer/month

                        Service Charge                                    $43.20/EDU/month

                        Volumetric Charge                              Usage up to 50,000 gallons per month =                                                                                            $8.40/1,000 gallons

                                                                                    Usage over 50,000 gallons per month =

                                                                                     $4.10/1,000 gallons

Water

                       

                        Customer Charge                                $5.50/customer/month

                        Service Charge (in Borough)             $17.60/EDU/month

                        Service Charge (out of Borough)        $23.10/EDU/month

                        Volumetric Charge                              Usage up to 50,000 gallons per month =                                                                                            $5.90/1,000 gallons

                                                                                    Usage over 50,000 gallons per month =

                                                                                    $6.20/1,000 gallons

                                   

            This Resolution adopted by the unanimous vote of the Board of ECWSA at a duly convened meeting the 29^TH day of March, 2017, said rates to be effective April 1, 2017.

Timothy Green                                                            Edward Tanski

Secretary                                                                     Chairman

(SEAL)