The Borough of Greenville has petitioned Mercer County Common Pleas Court for the right to exceed a cap on taxes.

Borough solicitor Warren Keck III filed a "petition to levy tax in excess" at the Mercer County Court Administrator's Office Friday afternoon, an office spokeswoman said this morning.

The office scheduled a hearing in front of Judge Michael J. Wherry for 1:15 p.m. Feb. 25, the spokeswoman said.

The cap limits municipalities from raising property taxes by more than 5 percent this year.

Borough officials plan to seek the court's permission to raise property taxes 24 percent over last year. The tax hike was proposed in a revised current-year budget unveiled by council Friday. Council is expected to vote on the $3.06 million plan Feb. 12.

Borough Treasurer Tracey Vale said this morning that council must approve its budget by Feb. 15 to meet state law.

Borough Manager Kenneth S. Weaver said even though the hearing falls 10 days after the Feb. 15 deadline, it was scheduled prior to that, so there shouldn't be a problem.

The one-year cap applies this year, because Mercer County commissioners adjusted assessments and millage rates last year.

State law prohibits such adjustments from creating a tax "windfall."

The first year after ratios and millage rates are adjusted, municipalities are allowed to collect no more than 105 percent of what they collected the year before, while school districts can collect 110 percent of the previous year's revenue.

County commissioners also petitioned the court for permission to exceed the 5-percent cap and to raise taxes 36 percent over last year.

You can e-mail Herald Staff Writer Tom Fontaine at tfontaine@sharon-herald.com