[HISTORY: Adopted by the Borough Council of the Borough of Moosic 9-12-1967
by Ord. No. 302. Amendments noted where applicable.]
The Authority[1] is hereby requested and authorized to prepare plans and specifications
for and to construct sanitary sewerage facilities, including collection sewers,
interceptor sewers, pumping stations, sewage treatment plants and all related
facilities, for the benefit and service of the citizens and residents of this
municipality and of the other municipalities participating in the Authority's
project for the provision of such facilities.
[1]
Editor's Note: References to “the Authority” in this chapter
refer to the Lackawanna River Basin Sewer Authority.
The Authority is hereby authorized to enter in, under and upon any and
all streets or other ways now or hereafter in public use within this municipality
for the purposes of planning for, constructing, extending, installing, maintaining
or repairing its sewerage facilities, including collection sewers, interceptor
sewers or sewers of other types, and is hereby granted a perpetual right-of-way
and easement within and under such streets or other ways for such purposes.
The rights, rights-of-way and easements hereby granted shall be free of all
charges and fees which may otherwise be imposed by this municipality upon
the use or occupation of public ways, but shall be upon the conditions that
the Authority shall cause as little inconvenience to the public in the use
of such streets and ways as may be reasonably possible, that upon completion
of any work the Authority shall restore such streets and ways as nearly as
may be possible to the condition prevailing before the work began, and that
the Authority shall indemnify this municipality against all loss and expense
by reason of injury to persons or damage to property resulting from operations
of the Authority in such streets and ways or from the maintenance of its facilities
therein or thereunder and, upon request of this municipality, shall obtain
insurance in reasonable amounts covering such risks.
The Authority is hereby authorized to connect any sewers, utilized or
capable of being utilized for the transportation or flow of sanitary sewage,
which are now located within this municipality and owned or controlled by
this municipality to the sewerage facilities to be constructed by the Authority
for the purposes of receiving the sewage flowing within such sewers for transportation
to a point of treatment and disposal and for such treatment and disposal or
for interconnection with other facilities constructed or utilized by the Authority.
This municipality recognizes that the Authority may lawfully impose charges
upon or in respect of properties connected or interconnected to the Authority's
sewerage facilities in consideration of sewage transportation, treatment and
disposal. This municipality agrees to convey, without monetary consideration,
legal title to all such existing sewers owned by this municipality to the
Authority, upon request of the Authority, provided that such request is accompanied
by an agreement of the Authority to assume all obligation and responsibility
for the maintenance and repair of such sewers subsequent to the date of such
conveyance.
This municipality hereby covenants that it will, upon request of the
Authority, require all properties located within the municipality which can
lawfully be required to connect to any public sewer, whether constructed by
the Authority or otherwise, to so be connected.
This municipality hereby covenants that, with respect to so much of
its geographical area which is within the drainage basin of the Lackawanna
River, any sewerage facilities hereafter constructed by it will be connected
to the transportation and treatment and disposal facilities to be constructed
by the Authority and that this municipality will not construct, or authorize
others to construct, sewerage facilities which will compete with those of
the Authority.
This municipality hereby authorizes the Authority to take all action
necessary or appropriate (and ratifies and affirms all action heretofore taken)
to apply for, accept and receive (and to do all other things incidental thereto),
on behalf of this municipality, loans and grants-in-aid for and of the planning
in respect to and the construction of sewerage facilities to serve this municipality
and other municipalities in the drainage basin of the Lackawanna River, from
any and all agencies of the County of Lackawanna, the Commonwealth of Pennsylvania,
the United States of America, or otherwise. The Authority is hereby designated
the agent of this municipality to so apply for, accept and receive such loans
and grants-in-aid on such basis as the Authority may determine advisable in
the circumstances.
It is the intent of this municipality in the enactment of this chapter
to take all action which can be taken at this time necessary to enable the
Authority to provide public sewerage facilities to serve the citizens and
residents of this municipality and to delegate to or confirm in the Authority,
to the extent legally permissible, all necessary rights and powers to enable
it to do so, it being the determination of this municipality that so doing
constitutes its best exercise of its discretion in furtherance of its responsibilities
to provide for the welfare and protect the health of its citizens and residents.
This municipality recognizes that the Authority must make many commitments,
financial and otherwise, in reliance upon this action by this municipality,
which commitments will be for the benefit of this municipality and other municipalities
similarly situated, and the respective citizens and inhabitants thereof. Consequently,
this chapter is declared to constitute a contractual obligation to the Authority
and this municipality further agrees to give such additional assurances and
to take such additional action as the Authority may reasonably request to
enable it to consummate the provision of such sewerage services for the public;
provided that nothing herein shall prevent this municipality and the Authority
from mutually agreeing to alternate or additional contractual arrangements
in respect of sewerage facilities.
