[HISTORY: Adopted by the Borough Council
of the Borough of Aldan as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-12-1999 by Ord. No. 472]
The Aldan Borough Council, in accord with the
dictates of the Pennsylvania Borough Code and the Pennsylvania Municipal
Code (codified at 53 P.S. § 7106) and in order to promote
and maintain the health, safety and welfare of the citizens and residents
of the Borough of Aldan, as well as the efficient, economic and productive
operation, management and provision of governmental services, does
hereby enact, ordain and pass the following article providing for
a schedule of attorney's fees for the collection of municipal claims,
municipal liens, or delinquent sewer rentals and refuse collection
fees.
For any and all municipal claims or municipal
liens or delinquent sewer rentals or refuse disposal fees arising
in tax year 1998 and thereafter, the borough shall assess attorney's
fees at the rate of $125 per hour for all services rendered by an
attorney, be it the Borough Solicitor or outside counsel, for the
collection of the aforementioned claims, which includes, but is not
limited to, the following services: preparation of all pleadings,
motions, petitions, praecipes or other legal documents in association
with any litigation; correspondence, letters or memorandum; telephone
calls or conferences; legal research; travel time or transportation
costs; witness preparation; preparation or consultations with expert
witnesses; conversations, meetings, conferences with any borough officials;
investigation time or expenses; review of correspondence, pleadings,
motions, petitions, praecipes, etc. from the taxpayer or taxpayer's
lawyer; conferences, meetings or review of correspondence to and from
third parties, such as banks, mortgage companies, real estate agents,
title agents, abstract firms, insurance companies, etc.; preparation
time for hearings, trial or any other proceedings; meetings, correspondence,
conversations, etc., with all court officials, constables, sheriffs
or others involved in the prosecution and/or collection of the municipal
claim, lien or delinquency; and time for attendance at any hearing,
trial, judicial conference or other proceeding.[1]
[1]
Editor's Note: Ordinance No. 528, adopted 12-8-2021, provided
that real estate taxes, refuse collection and disposal, and sewer
rentals are subject to attorneys' fees of $150 per hour.
The Borough Council may, from time to time,
amend this schedule of attorney's fees contained within this article,
either by enacting a new ordinance or through inclusion of a new schedule
of attorney's fees during the enactment of the yearly Tax Levy Ordinance
which contains other borough charges and fees for a yearly basis.
