[Adopted 12-16-1969 by Ord. No. 876]
Beginning with the calendar year of 1970, and for each year
thereafter, there is hereby imposed an annual rental or charge upon
the owners of properties served or to be served for the use of the
sewers, sewage system and sewage treatment services of the Borough
of Lansdowne.
The annual sewer rental or charge shall be such sum as shall
be sufficient to meet the following classes of expenses.
A.
The amount expended annually by the Borough in the operation, maintenance,
repair, alteration, inspection, depreciation or other expenses in
relation to such sewers, sewage system or sewage treatment works.
B.
Such annual amount as may be necessary to provide for the amortization
of the indebtedness incurred or of the nondebt revenue bonds or other
bonds issued by the Borough in the construction or acquisition of
such sewer, sewage system or sewage treatment works, and interest
thereon, in order that said improvement may become self-liquidating,
or as may be sufficient to pay the amount agreed to be paid annually
under the terms of any contract with any authority or municipality
furnishing sewage disposal or treatment services to the Borough.
C.
Sufficient to establish a margin of safety of 10%.
The Borough Council of Lansdowne Borough finds as a fact that
the majority of the properties of the Borough which are connected
to the public sewers obtain water from the Philadelphia Suburban Water
Company, hereafter for convenience called "water company," and further,
that the water company has water meters installed in the majority
of said properties, and the Borough Council further finds that the
majority of all properties which are thus served by the water company
are connected to the public sewers. The Borough Council of Lansdowne
Borough therefore declares that the fairest manner in which to equitably
apportion the total sewer rental or charge to be made is to base the
charge for each property on the consumption of water used by each
property connected to the sewers, in proportion to all water consumed
by consumers of said water company in the Borough and those who obtain
water from other sources who are connected to the sewer system. It
is also determined that the final sewer rental or charge for any property
for any year should be based, so far as practicable, on water actually
consumed by said property during said year or a period of 12 months
as near the end of the year as possible.
The Borough Manager of Lansdowne Borough shall secure from the water company statements of the total number of gallons of water used by each individual consumer or property within the Borough for a period of 12 consecutive months as closely proximate in time to the end of the year of 1969 and as records of the water company and their schedules of water meter readings will permit and hereafter in the month of December 1970 and each December thereafter secure from the water company statements of the total number of gallons of water used by each individual consumer or property within the Borough for a period of 12 consecutive months as closely proximate in time to the end of the year and as records of the water company and their schedules of water meter readings permit. Reasonable compensation shall be paid by the Borough to the water company for the cost and the expense incurred by the water company in supplying the Borough with this information. Reasonable charges paid to the water company for such data shall be included as a part of the total amount of annual sewer rental, as per § 269-10 hereof.
Immediately after the adoption of this article it is the duty
of the Borough Manager to estimate the number of gallons of water
which will be used during the year of 1970 by new properties or properties
newly commencing to consume water supplied by the water company or
of any properties which do not secure water from the water company
but which would discharge water into the public sewers and to make
a like computation in December of each year hereafter. In making such
estimate the Borough Manager is authorized, in the case of residence
properties, to estimate the number of gallons of water used on the
basis of the average consumption of water per dwelling house and,
in the case of manufacturing, business or commercial properties, to
base such estimate on experience with similarly situated properties
from such information as shall be available. If in any case the water
company records disclose the number of gallons of water used for any
property for less than a full period of 12 months, the Borough Manager
is authorized to compute the expected water consumption of said property
for a full period of 12 months based on the use for the partial period.
[Amended 12-5-2012 by Ord. No. 1279]
After securing the information from the water company as hereinbefore set forth, the Borough Council shall as soon as practicable in the year of 1970 adopt an ordinance which shall compute the total number of gallons of water to be used by consumers within the Borough for the year of 1970 and shall annually thereafter adopt an ordinance which shall compute the total number of gallons of water to be used by the consumers within the Borough for the ensuing year. The number of gallons shall be the number of gallons used for the preceding year plus the number of gallons estimated to be used as set forth in § 269-13. Said ordinance shall fix the total amount of the annual sewer rental or charge for the year under consideration, as provided in § 269-10 hereof. Said ordinance shall also determine the amount of money to be charged to each property connected to the Borough sewer system for each 1,000 gallons of water used by said property for the preceding period of 12 calendar months, in cases where said information is available, and for each 1,000 gallons of water which the Borough Manager estimates will be used by the property for the ensuing year, in cases where water meter readings for a full period of 12 calendar months are not available. The amount to be charged for each 1,000 gallons of water so used shall be determined by dividing the total number of gallons of water furnished to consumers whose properties are connected to the Borough sewer system within the Borough, as shown by the water company records, plus estimated consumption where meter readings are not available, or a suitable percentage of the aggregate thereof, into the total amount to be charged as provided in § 269-10 hereof so as to give a quotient expressed in dollars, cents and mills per 1,000 gallons of water consumed or estimated to be consumed, as the case may be. In computing the number of thousands of gallons per property, 100 gallons, or fractions thereof in excess of 50 gallons, shall be considered 1/10 of a thousand gallons. Notwithstanding anything contained in this Chapter 269 to the contrary, the Borough Council is authorized to impose a minimum fee for each property connected to the Borough sewer system regardless of water usage in the annual sewer fee ordinance. Such minimum fee shall be determined based on dividing all estimated annual sewer system costs other than sewage treatment costs by the total number of properties connected to the Borough sewer system.
Whenever a property upon which a sewer rental is hereby imposed
uses water from the water company, a portion of which is not discharged
into the sewage system of the Borough, the quantity of water so used
and not discharged into the Borough sewers shall be excluded in determining
the sewer rental of the property, provided that the quantity of water
so used and not discharged into the Borough sewers is measured by
a device or devices approved by the Borough Manager and installed
without cost to the Borough; and provided, further, that where, in
the opinion of the Borough Manager, it is not practical to install
a measuring device to continuously determine the quantity of water
not discharged into the Borough sewers, the Borough Manager shall
determine periodically, in such manner and by such method as he shall
prescribe, the percentage of water discharged into the Borough sewers,
and the sewer rental for such property shall be based on the amount
so determined. Any dispute as to the estimated amount shall be submitted
to the Chairman of the Sewer Committee one month after the making
of the estimate by the Borough Manager and notice thereof to the property
owners, whose decision on the matter shall be final for the current
year.
Where a property uses water, all or part of which is from a
source or sources other than the water company's supply system,
there shall be a sewer rental, separate from and in addition to any
sewer rental based on the consumption of water from the water company's
water supply system. Such separate or additional sewer rental shall
be measured by the quantity of water from the source or sources other
than the water company's supply system which is discharged into
the Borough sewers from said property. The owner of each property
shall install without cost to the Borough a meter or meters to measure
the quantity of water received from other than the water company's
supply system and discharged into the Borough's sewers. No meter
shall be installed or be used for such property without the approval
of the Borough Manager and the sewer rental based upon water received
from other than the water company's supply system shall be the
same in amount as is required to be paid by the owner of a metered
property receiving the same quantity of water from the water company's
water supply system. If the owner of said property fails to install
an approved meter or meters, the Borough Manager shall make and furnish
an estimate of the amount of water from sources other than the water
company's water supply system which is discharged into the Borough
sewers from said property.
If any property shall be connected to the public sewers, in
any year after the sewer rental bills are mailed, an estimated bill
need not be rendered for the sewer charges or rental on that property
for the year when the sewer connection is made, but the final bill
shall be rendered to the owners of said property at the conclusion
of the calendar year, if information shall be available from the water
company in time. If said information shall not be available by the
conclusion of the calendar year, then a final bill shall be rendered
to the owner of the property as soon as the Borough secures the information
necessary to compute the amount of the final bill.
For the year of 1970, estimated sewer rental bills for that year shall be computed by the Borough Manager as soon as possible after the adoption of this article and the ordinance provided for in § 269-14 hereof, and in December of each year estimated sewer rental bills for the ensuing year shall be computed by the Borough Manager. The estimated bills shall be made up by multiplying the number of thousands of gallons of water used by each property for the preceding period of 12 months or by multiplying the number of gallons of water estimated to be used by said property for the ensuing period of 12 months, as the case may be, times the amount of charge per 1,000 gallons of water as hereinbefore provided. The Borough Manager shall prepare estimated sewer bills for the ensuing year on terms to be provided by the Borough Council and said bills shall be fixed in amount as hereinbefore determined. Estimated sewer bills for the year 1970 shall be mailed so as to be delivered to the property owners on or before March 1, 1970.
During the month of December 1970, and in each December thereafter,
after the water company or other sources shall have furnished the
information as to total water consumption in the Borough, together
with the amounts consumed by each individual consumer for the preceding
period of 12 months, as hereinbefore set forth, such information shall
be furnished to the Borough Manager, and it shall be his duty to compute
the final sewer rental bill for each property for the year ending
in said month of December. In cases where the property consumed less
than the number of gallons on the basis of which the estimated bill
was computed, the overcharge shall be refunded to the person who paid
the sewer rental or charge, together with any penalty and interest
on the amount of overcharge if the same were paid, and if the sewer
rental was not paid a lien for the final bill, together with penalty,
shall be filed against the property. In cases where any property has
consumed more than the number of gallons on the basis of which the
estimated bill was computed, the property owner shall be charged for
the additional number of gallons. A final bill for the amount of the
additional charges shall be mailed out with the new bill for the ensuing
year and the amount of the additional charge shall be payable at the
same times and shall be subject to the same penalties and shall be
chargeable with interest at the same times as the estimated bills
for the ensuing year shall be chargeable. The final bill for the expiring
year and the estimated bill for the ensuing year may be combined in
one statement and mailed at the same time. The final sewer rental
or charge for the expiring year shall show any credit or overcharge,
as the case may be.
The Borough Tax Collector is hereby charged with the duties
of collecting all sewer charges and is authorized to adopt such regulations
with respect hereto as may in his discretion seem fit and proper.
It shall be the duty of the Borough Manager to keep full, accurate
and complete records of all sewer rentals or charges, bills, receipts,
payments and transmittal of money to the Borough.
[Amended 12-19-1978 by Ord. No. 978]
All owners subject to the payment of the sewer rent shall be
entitled to a discount of 2% of the amount of the sewer rent upon
making payment of the full amount within two months after the date
of the tax notice. All owners subject to the payment of the sewer
rent who shall fail to make payment of the rent charged to them for
four months after the date of the bill shall be charged a penalty
of 10% of the rent due which penalty shall be added to the rent. All
sewer rental charges shall be a lien against the property serviced
by the sewer facilities of the Borough until such sewer rental charges
are paid. It shall be the duty of the Borough Manager after December
31 of the calendar year in which the bills were mailed to certify
the unpaid bills to the Borough Solicitor, who shall proceed to collect
such delinquent sewer rentals together with penalties and costs accrued
thereon, either by action at law or by filing a lien or liens for
the same in the Office of the Prothonotary of the Court of Common
Pleas of Delaware County, Pennsylvania, and such liens, together with
penalty and costs accrued thereon, shall be filed and collected in
accordance with law. All sewer rentals not paid by December 31 of
the calendar year in which the bills were mailed shall be deemed to
be delinquent.
The foregoing directions as to the time in which to procure
information from the water company and other sources and the time
in which to adopt annual ordinances and of the times in which to mail
out bills shall be considered directory and not mandatory, and the
failure to do one or some or all of said acts on time shall not invalidate
any bill rendered and shall not invalidate or forgo the collection
of any sewer rental or charge. This article, when referring to "sewer,"
"sewage system" or "sewage treatment works" is intended to mean sanitary
sewers, sanitary sewage system and sanitary sewage treatment works
and is not intended to include or relate to surface water treatment.
No sewer rental is hereby imposed upon properties outside the
Borough from which sewage is discharged into sewers of the Borough
under an agreement between the Borough and any other political subdivision
of the commonwealth, nor upon the properties within the Borough not
receiving sewer service from the Borough facilities.
