ECWSA RESOLUTION 20181219-S - RESOLUTION ON BILLING AND COLLECTION PROCEDURES FOR THE SEWER SYSTEM

EVANS CITY WATER AND SEWER AUTHORITY RESOLUTION

ON BILLING AND COLLECTION PROCEDURES

FOR THE SEWER SYSTEM

RESOLUTION NO. 20181219-S

WHEREAS, Evans City Water and Sewer Authority ("ECWSA"), by Resolution No.

2018129-S approved and adopted Sanitary Sewer Rules and Regulations on December 19^th, 2018; and

WHEREAS, the following billing and collection procedures are adopted by the Authority in furtherance of the purposes of Resolution 20181219-S.

NOW THEREFORE, be it resolved, that the Evans City Water and Sewer Authority hereby adopt the following billing and collection procedures:

The following provisions supplement the Rules and Regulations aforesaid:

SECTION 6.07:         Billing and Collection Procedures

6.07.01           Billing and Payment

Bills and notices relating to the Water System shall be mailed and delivered to the property Owner's address, or, where proper arrangements have been made with the Authority, to the property Owner's last address as shown on the billing books of the Authority and shall be due and payable on their stated due dates.

Bills may be paid in person at the Authority's office during regular business hours, by mail, by drop-off box at the Authority's office, or through the Authority's online payment program.

6.07.02         Meter Reading, Estimated Billing

The Authority will make regular Meter readings monthly, bi-monthly or quarterly.  Bills will be rendered as soon as practicable after the reading of the Meters.

When a property has been equipped with a Meter, but an accurate Meter reading cannot be obtained for any reason other than the conditions described in Section 6.07.03 of these Rules and Regulations, the quantity of water used will be estimated for billing purposes. Estimated usage will be based upon actual Meter readings from prior cycles or by such other fair and reasonable methods as may be established by the Authority.  Any necessary corrections shall be made in the next billing period following an actual Meter reading.

6.07.03              Replacement of Meters

In the event a Meter malfunctions or fails to provide an accurate reading due to faulty and improperly functioning mechanisms, and is in no part due to any negligent actions by the property Owner, a new Meter must be secured from the Authority and installed at no expense to the property Owner.

Where a Meter malfunctions or fails to provide an accurate reading due to the failure to maintain connected plumbing or is stolen, vandalized, or damaged by abuse or through neglect, a new Meter must be secured from the Authority and installed at the expense of the property Owner.  During the period in which the Meter malfunctions or is absent under this scenario, the Authority shall assess double the sewage rental/rates/charges as set forth in Section 6.03 of these Rules and Regulations.  The assessment shall continue until a Meter of a size, type, and setting is approved by the Authority and is installed and operating properly.  All work related to the replacement of the Meter pursuant to this paragraph shall be done at the expense of the property Owner.

6.07.04              Liens, Penalty and Interest

All Tapping Fees, Reservation of Capacity Fees, Water System rentals/rates/charges, and any other amounts and penalties levied by these Rules and Regulations shall be considered a debt due to the Authority and shall be a lien on the property served.

If any current water and sewer bills are not paid in full by their due dates, a penalty of ten percent (10%) of the current charge will be added to such bills.  If not paid within thirty (30) days after the due date, the invoice, plus penalty, shall bear interest at one and one- half percent (1.5%) per month.

The costs of removal, closing or shutting off of services, as well as the expenses of restoring any such services, as further discussed under Section 6.07.06, shall likewise be a debt due to the Authority and a lien on the property served which may be recovered through legal proceedings.  A delinquent property Owner shall be liable for all costs and attorneys' fees as incurred by the Authority in the event such legal proceeding occurs.

6.07.05              Payment Arrangements

Owners whose accounts are not more than sixty (60) days in arrears are encouraged to enter into payment arrangements with the Authority.  Such arrangements will apportion the amount in arrears over a period of time, adding an amount to the sums billed for current services.  Eligibility and the amount of payments shall be determined on a case by case basis, weighing several factors such as: Owner's payment history; amount and duration on the account's arrearage; and the classification of property - Residential, Nonresidential, Commercial, or Industrial.

Owners who enter into payment arrangements and thereafter comply with the terms of that arrangement will not be subject to the termination of services or further collection proceedings.

Upon breach of a payment plan arrangement, the Authority shall not be authorized to accept any further payment plans in order to avoid termination and shall only be authorized to accept payment in full of all outstanding balances, including current charges, penalties, and interest.

6.07.06                      Collection of Delinquent Accounts; Termination of Service by the Authority as a result of Nonpayment

Any account with charges more than ten (10) days past due will be sent a reminder notice, which shall contain:

A.              the Owner's account number;

B.              the total amount due and outstanding

C.              a request to pay immediately;

D.          the address of the delinquent Billing Unit;

E.           a warning that failure to pay will lead to legal steps being taken against the Owner that may result in the termination of water and sewer services;

F.           notification that unpaid water and sewer charges are a lien against the Owner's property; and

G.          a statement that payment arrangement plans may be made available and a contact telephone number and/or e-mail address for further information.

If any water and/or sewer bill remains unpaid fifty (50) days after the invoice has been delivered, and if no payment arrangement has been made by the Owner, the Authority will initiate collection activity and serve a notice of termination on the Owner's premises.  This notice shall state that the delinquent payment must be made, in full, by cash, certified check, money order, or online payment program within three (3) business days, otherwise service will be terminated.  Service will not be reinstated until full payment of all delinquent charges, current charges, costs of terminating and/or restoring services, and associated fees have been paid in full.

The failure of an Owner to take action under this section shall result in the termination of services, provided that the Authority has complied with the provisions set forth above,

and provided that such termination of services shall not be performed on a Friday, Saturday, Sunday, bank holiday, day before bank holiday, any holiday observed by the Authority or the day before any holiday observed by the Authority.  All costs and fees incurred by the Authority in connection with a service's termination and/or reinstatement shall be the responsibility of the Owner.

In the event an Owner fails to pay any debts due to the Authority as mandated under these Rules and Regulations, the Authority shall be authorized to remove, close, or shut off the sewage connection.  The Authority shall also have the right to enter upon the Owner's property being serviced for such purposes and to take any steps as may be necessary to accomplish such removal, closing or shutting off of services.

6.07.07                   Liability for Payment of Invoices

All invoices for Water System services, including current and late charges, penalties, and interest, shall be the personal responsibility of the Owner who has applied for the service.

In cases in which the customer who has applied for services is not the Owner of the property, the Owner must fully understand that he, nevertheless, remains responsible for the mentioned invoices, regardless of where or to whom the invoices are sent. Should the Owner desire that the Authority conduct business directly with the customer who has applied for services on the property, the Owner and customer must sign a form reflecting that the customer shall be responsible for the invoices and further requesting that the Authority bill the customer.

The Authority shall notify both Owner and customer of an account with charges more than ten (10) days past due and will provide such notification pursuant to Section 6.07.06 of these Rules and Regulations.  For purposes herein, a customer's invoice shall be become overdue the day following the due date shown on the original charge for the services provided.

ENACTED  BY THIS RESOLUTION  DULY VOTED ON AND APPROVED  this

19th day of December, 2018.

EVANS CITY WATER AND SEWER AUTHORITY

By:                                                      

            Edward Tanski, Chairman

ATTEST:

                                                           

Timothy Green, Secretary

(SEAL)

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)                                                                       

ECWSA RESOLUTION 20160629 - APPROVAL AND ADOPTION OF ECWSA SANITARY RULES & REGULATIONS

Resolution No.            20160629            

Evans City Water and Sewer Authority

Butler County, Pennsylvania

Resolution of the Evans City Water and Sewer Authority

 Approving and Adopting Sanitary Sewer Rules and Regulations

WHEREAS, the Evans City Water and Sewer Authority (“Authority”), is a municipal corporation organized under the Municipality Authorities Act of 1945, as amended, for the purpose of providing sanitary sewer collection, conveyance, and treatment facilities, and the staffing and financing to operate said facilities; and

WHEREAS, the Authority has found it necessary to ensure that all newly constructed sanitary sewer and related appurtenances, as well as replacement, relocation, and additions to existing sanitary sewers, including repairs to any portion of the sanitary sewers shall conform to a uniform standard; and

WHEREAS, the Authority has determined the need to establish rules and regulations to be followed to make the process consistent and orderly,

NOW, THEREFORE, BE IT RESOLVED, that the Evans City Water and Sewer Authority hereby resolves as follows:

“The Sanitary Sewer Rules and Regulations for Evans City Water and Sewer Authority, Butler County, Pennsylvania; Last Revised: June 2016 and attached hereto are hereby approved and adopted as the Rules and Regulations of the Authority.”

All other Resolutions and parts thereof which are in conflict with this Resolution are hereby repealed to the extent of such conflict.

Enacted by this Resolution duly voted on and approved the 29^th day of June, 2016.

ECWSA RESOLUTION 2016-1: ACCEPTANCE OF NORTHWEST BANK PENNVEST LOAN REFINANCE

RESOLUTION

2016-1

EVANS CITY WATER AND SEWER AUTHORITY

            At a regularly scheduled meeting of the Board of the Evans City Water and Sewer Authority (“Authority”) held _______________________, 2016, the following Resolution, upon motion duly made, was unanimously approved:

            The Authority does hereby accept the term loan offered by Northwest Savings Bank dated November 10, 2015 (“Term Loan”) to refinance the Pennvest loan assumed by the Authority under and subject to the terms thereof, and to set its rates and, if necessary, increase its rates to a level sufficient to cover all operational and maintenance costs, the debt service on the NORTHWEST SAVINGS BANK TERM LOAN and the debt service on all other outstanding debt of the Authority and does further resolve that:

            “The Chairman, Vice Chairman, and Secretary/Treasurer of the Authority are authorized to execute on behalf of the Authority all documents reasonable and necessary in connection with the NORTHWEST SAVINGS BANK TERM LOAN to the Authority including, but not limited to, the loan documents and such other and further funding documents necessary in connection therewith.”