Ordinance # 084-1
& Sewer to Dig
An Ordinance of the Council of the Borough of Bolivar, Westmoreland County, Pennsylvania Granting to the Tri-Community Water and Sewer Authority certain rights and privilege in, along, over and under streets, roads, lane, courts, cul-de-sacs, alleys, public ways, public squares and other properties of this Borough for use in connection with said Authority's Sewer system, and providing for regulating the manner in which such rights and privileges shall be exercised.
Whereas, the Tri-Community Water and Sewer Authority (the Authority) pursuant to authority vested in it by law and pursuant to the request and consent of this Borough, plans to acquire and to construct certain sanitary sewage collection, transmission, treatment and disposal system facilities required for rendering sewage service, inter alia, in and for portions of this Borough and portions of the incorporating municipalities of the authority, which facilities collectively are referred to herein as the "Sewer System".
Now, therefore, be it enacted and ordained and it is enacted and ordained, by the Council of the Borough of Bolivar, Westmoreland County, Pennsylvania as follows;
Section 1. This Borough does grant to the Authority, its successors and assigns, all easements, rights of way and other rights and privileges necessary and desirable in, along, over and under streets, roads, lane, courts, cul-de-sacs, alleys public ways, public squares and other properties of this Borough, together with free ingress, egress and regress therein and thereto, along with other persons having interests or rights therein, for use in connection with constructing, replacing, repairing, altering, extending, improving, operating and maintaining the Sewer System, the same shall exist, from time to time.
Section 2. The rights and privileges granted to the Authority under Section 1 shall be exercised by the Authority under and subject to such reasonable rules and regulations as shall be adopted and specified, from time to time, by resolution or ordinance of this Borough and this Borough does reserve the right to adopt and specify, from time to time, such reasonable rules and regulations in connection with exercise by the Authority of such rights and privileges,
Section 3. This Ordinance shall become effective in accordance with law.
Section 4. In the event any provisions, section, sentence, clause or part of this Ordinance shall be held to be invalid, such invalidity shall be affect or impair any remaining provision, section, sentence, clause or part of this Ordinance, it being the intent of this Borough that such remainder shall be and shall remain in full force and effect.
Section 5. It is declared that enactment of this Ordinance is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this Borough.
Section 6. All other Ordinances or parts of Ordinances inconsistent herewith shall be and the same expressly are repealed.
Duly enacted and ordained this 3rd day of January 1984 by the Council of the Borough of Bolivar, Westmoreland County, Pennsylvania in lawful session duly assembled.
Paul W. Mundorff
Examined and approved this 2nd day of January 1984
Original Ordinance in Vault 3
I, the undersigned, Secretary of the Borough of Bolivar, Westmoreland County, Pennsylvania (the Borough), certify that: the foregoing is a true and correct copy of an Ordinance of the Council of the Borough that duly was enacted by affirmative vote of a majority of the members of the Council of the Borough at a meeting held on January 3, 1984, said Ordinance duly was examined and approved by the Mayor of the Borough on January 12, 1984. Said Ordinance duly has been recorded in the Ordinance Book of the Borough, said Ordinance duly has been published as required by law, and said Ordinance remains in effect, unaltered and un-amended, as of the date of this Certificate.
I further certify that the Council of the Borough met the advance notice requirements of Act 175 of the General Assembly of the Commonwealth of Pennsylvania, approved July 19, 1974, by advertising said meeting and by posting prominently a notice of said meeting at the public building in which said meeting was held, all in accordance with such Act.
In witness whereof, I set my hand and affix the official seal of the Borough this 12th day of January 1984
Fairfield Township, Westmoreland County
My commission expires Sept. 27, 1985
Member Pennsylvania Association of Notaries