An Ordinance of the Council of the Borough of Bolivar, Westmoreland County, Pennsylvania, authorizing and approving an agreement and the form thereof between this Borough and the Township of Fairfield, Westmoreland County, Pennsylvania, and the Township of West Wheatfield, Indiana County, Pennsylvania. On the one hand, and the Tri-Community Water and Sewer Authority on the other hand, whereby said authority will covenant to acquire, to construct, to own and to operate certain sanitary sewage collections, transmission, treatment and disposal system facilities required for rendering sewer service, inter alia, in and for portions of this Borough and Portions of said Municipalities, and whereby this Borough and said Municipalities will make certain covenants and agreements with respect to the proposed sewer system to b acquired to be constructed, to be owned and to be operated by said authority, including inter alia (1) the enforcing of requirements for connection to and use of such sewer system (2) the granting of certain easements, rights of way, rights and privileges to said authority, and (3) other related matters, authorizing and directing execution, acknowledgment and delivery of said agreement in behalf of this Borough and authorizing and directing other necessary and proper action.

The Council of the Borough of Bolivar, Westmoreland County, Pennsylvania enacts and ordains as follows:

Section 1. This Borough, acting in concert with the Township of Fairfield, Westmoreland County, Pennsylvania, and the Township of West Wheatfield, Indiana County, Pennsylvania (the Municipalities) shall enter into an Agreement (the Agreement) with the Tri-Community Water and Sewer Authority (the authority) whereby, inter alia, the authority will covenant and agree to acquire, to construct, to own and to operate certain sanitary sewage collection, transmission, treatment and disposal system facilities required for rendering sewer service, inter alia, in and for portions of this Borough and portions of the Municipalities, and this Borough and the Municipalities will make certain covenants and agreements with respect to the proposed sewer system to be acquired, to be constructed, to be owned and to be operated by the Authority, including

1. enforcing of requirements for connection to and use of such sewer system

2. granting of certain easements, rights of way, rights and privileges to the Authority

3. other related matters.

The agreement shall be substantially in the form presented to this meeting, which agreement and the form thereof is approved. 

Section 2. A copy of the agreement, in the form so presented to this meeting and so approved, shall be filed with the Secretary of this Borough and shall be made available for inspection at reasonable times by interested persons requesting such inspection.

Section 3. The Mayor, the President or Vice President of the Council and the Secretary or Assistant Secretary of this Borough, as applicable are authorized and directed to execute, attest, acknowledge and deliver the Agreement, in behalf of this Borough, in the form so approved.

Section 4. Proper officers of this Borough are authorized and directed to execute all documents and to do all other acts that may be necessary and proper to carry out this Ordinance and the undertakings of this Borough in the Agreement.

Section. 5 This Ordinance shall become effective as provided by law.

Section 6. In the event any provision, section, sentence, clause or part of this Ordinance shall be held to be invalid, such invalidity shall not affect or impair any remaining provisions, section, sentence, clause or part of this Ordinance, it being the intent of this Borough that such remainder of this Ordinance shall be and shall remain in full force and effect.

Section 7. It is declared that enactment of this Ordinance and the execution, acknowledgment and delivery of the Agreement is necessary for the protection, benefit and preservation of the health, safety and welfare of inhabitants of this Borough.

Section 8. All Ordinances and 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

Council President

Examined and approved this 3rd day of January 1984

George Bella

Mayor

Attested:

Florence Bella

Secretary

Original Ordinance in Vault 3

Certificate

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

Florence Bella

Secretary

Notarized by

Julia Jarvis

Notary Public

Fairfield Township, Westmoreland County

My commission expires Sept. 27, 1985

Member Pennsylvania Association of Notaries