header-image

Resolution

# 71

Tub Mill Creek Project

Be it Resolved by the Board of County Commissioners of Westmoreland County, Pennsylvania, hereafter designated as (Sponsor) and,

Whereas, the Department of Forests and Waters of the Commonwealth of Pennsylvania, has proposed improving the channel of Tub Mill Creek, in Borough of Bolivar, and Fairfield Township Westmoreland County, Pennsylvania, so as to alleviate in part the damage completed by floods and to prevent as far as practicable the recurrence of similar flood damage, and

Whereas, the Department of Forests and Waters will undertake, at its own cost, to perform the work aforementioned provided the Sponsor shall, at no cost to the Department, supply all services and materials requested in the letter of proposal dated February 26, 1971, File Number S65.15, acquire and furnish all necessary easements and rights of entry for the entire project and indemnify, protect and save free the Commonwealth of Pennsylvania, Department of Forests and Waters, and / or its contractors and agents jointly and severally from and against any and all claims, damages, demands or actions in law or in equity resulting from any damage to property, public or private, by reason of the aforesaid work.

Now, therefore, in consideration of the promises aforesaid and of the benefits to be derived by said Sponsor and for the protection of the public welfare, health, and safety, the Sponsor in Regular session met, does hereby agree to acquire and furnish at the Sponsor's cost, all requested services and materials, the necessary easements and rights of way entry for the entire project, and to notify in writing the Department of Forests and Waters when the said materials and services will be available and easements and rights of entry have been acquired. The Sponsor does hereby guarantee to indemnify, protect and save free the Commonwealth of Pennsylvania, Department of Forests and Waters and / or its contractors and agents jointly and severally from and against any and all claims, damages, demands or actions in law or in equity resulting from any damage to property, public or private, by reason of the aforesaid work. The Sponsor further agrees to maintain and operate, at its own expense, the completed channel improvements and any and all dikes, levees, or other such items which are constructed by or for the Commonwealth as a part of the aforesaid work: Instructions regarding maintenance and operation of the completed work will be furnished by the Department of Forests and Waters.

I hereby certify that the foregoing Resolution was adopted at a Regular meeting of the Board of Commissioners, Westmoreland County, held on the 6th day of April 1971.

Frederick S. Marcy

Chief Clerk

Project proposed, February 26, 1971

by J. Conrad Gamble

President of Council

Frank B Gibson

Mayor

Attest:

James E Lichtenfels_

Secretary ‚Äč