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Resolution

1991

Amending Ordinance

# 84-1 through 84-3

 

An Ordinance Amending the Borough of Bolivar's Sewage Ordinances,

being Ordinance 84-1 through 84-3 Supplementing These ordinances

Whereas, the Borough of Bolivar desires to amend the Ordinances enacted and known as Ordinance Numbers 84-1, 84-2, and 84-3 for purpose of supplementing these previously enacted sewage Ordinances.

Now therefore, be it enacted and ordained, that Bolivar Borough amends each of these Ordinance as follows:

84-1 Section 1. Adding (B.) the Borough does grant to the Authority, its successors and assigns, the limited right to exercise the Borough's Statutory rights and the Borough's Statutory and legal remedies for the purpose of completing the objectives set forth in Ordinance Number 84-2 Section 1 (1), being the enforcing of requirements for connection to and use of the sanitary sewer system, under Ordinance Number 84-1, 84-2, and 84-3 to provide notice as was required by said Ordinance and the statutory requirements to force compliance with said enforcement; to enforce and regulate the manner of making said connections, authorizing the Authority to make connections on behalf of the owner of subject premises at the cost and expense of said owner, liening said property in the name of the Borough and the Authority for purpose of protecting in the name of the Borough and the Authority for purpose of protecting the costs advanced for making said connections and related enforcement costs ( including, but not limited to, engineering fees, counsel fees, construction costs and other costs to be documented of record): the power to regulate or adjust tap fees and / or operational rental fees (providing ninety (90) days notice is provided to Borough council prior to enactment of said changes); prohibiting the connection of privy vaults, cesspools, sinkholes, septic tanks and similar receptacles to any sewer line prohibiting the maintenance of certain receptacles or requiring abandonment thereof; and seeking penalties for violating said Ordinance.

Adding (C.) The Authority with respect to the rights specifically stated in the previous Paragraph (B.) may be pursued in the Authority's own name and referring to the Bolivar Ordinances relied upon as part of any legal actions taken against any Borough citizen under the Borough Ordinance thirty(30) days prior to the first scheduled hearing of any matter. 2

84-3 Section 1.01 Changing (C) to: "Borough" shall mean the Borough of Bolivar, Westmoreland County, Commonwealth of Pennsylvania, a Municipal Corporation of the Commonwealth of Pennsylvania acting by and through the Borough Council or in specific instances, granted to the Authority to act as an authorized representative of the Borough on its behalf.

And now, this 9th day of December, 1991, during a duly advertised meeting of Borough Council, wherein a quorum was present, these Amendments shall be effective immediately upon enactment.

Patricia Short

Council President

Attest:

Florine Bella

Secretary

Examined and approved this 9th day of December 1991 ‚Äč