[HISTORY: Adopted by the Council of the Municipality of Murrysville
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-1-1966 by Ord. No. 17-66]
The Council of the Municipality of Murrysville, County of Westmoreland
and Commonwealth of Pennsylvania, hereby signifies its intention and desire
to organize a Municipal Authority under the Municipality Authorities Act of
1945, being the Act of May 2, 1945, P.L. 382, Section 1 et seq., the supplements,
amendments and revisions thereto.[1]
[1]
Editor's Note: See now 53 Pa.C.S.A. 53 § 5601 et seq.
The Municipal Authority is to be known and designated as "Franklin Township
Municipal Sanitary Authority."
The Council is hereby authorized and directed to execute and the Chief
Administrator is authorized and directed to affix the Common and Corporate
Seal of the Municipality to Articles of Incorporation for said Authority and
to attest the Council members' signatures, and said officers are further
authorized and directed to acknowledge and deliver said Articles of Incorporation
for the Authority in substantially the form which is attached hereto, made
a part hereof and labeled Exhibit A.[1]
[1]
Editor's Note: Exhibit A is on file in the municipal offices.
The Chief Administrator of the Municipality of Murrysville is directed
to cause the publication of a notice of this article and the proposed filing
of the Articles of Incorporation, as required by Section 3 of the Municipality
Authorities Act of 1945.
The Chief Administrator, acting by and through the Solicitor of this
municipality, is directed to file the Articles of Incorporation, together
with the necessary proofs of publication, with the Secretary of the Commonwealth
and to do all other acts and things necessary and appropriate to effect the
incorporation of the proposed Authority, and there is hereby appropriated
out of the general fund of the Municipality of Murrysville sufficient funds
to pay the costs and expenses of securing the Charter of said Franklin Township
Municipal Sanitary Authority, and said costs and expenses are to be reimbursed
to the Municipality by said Authority from the first funds available from
said Authority after chartering, formation and organization of the same.
The persons named in the form of Articles of Incorporation set forth
in Exhibit A,[1] who are residents of the Municipality of Murrysville, are hereby
appointed members of the Board of the Authority for the terms provided in
such form.
[1]
Editor's Note: Exhibit A is on file in the municipal offices.
[Amended 12-3-1968 by Ord. No. 33-68]
The sole purpose or purposes of said Authority shall be for the acquiring,
holding, construction, reconstruction, improving, conveying, owning, purchasing,
financing, maintaining, operating and leasing, as lessor or lessee, sewers;
sewer systems including land and easements in land; plants or works to be
used for the treating and disposal of sewage, including but not limited to
industrial waste, and the necessary trunk and feeder lines, as well as all
necessary appurtenances thereto.
[Adopted 1-15-1969 by Ord. No. 35-69]
The Franklin Township Municipal Sanitary Authority is hereby granted
the right, privilege, franchise and authority to lay, construct, maintain,
repair and replace in the streets, roads, alleys and rights-of-way of the
Municipality the necessary sewer lines and the required appurtenances thereto
to complete the erection and construction of a sanitary sewage collection
and treatment system pursuant to the plans and specifications and reports
prepared by L. Robert Kimball, Consulting Engineers, of Ebensburg, Pennsylvania,
the consulting engineers for said Authority's initial construction project.
All such sanitary sewer lines shall be laid and constructed at such
depth beneath the surface of said streets, roads, alleys and rights-of-way
and in such manner as not to interfere with proper drainage and the occupancy
of other utility facilities in said streets, roads, alleys and rights-of-way.
It shall be the duty of the Franklin Township Municipal Sanitary Authority
to provide and maintain proper and adequate guards, barriers and lights, and
it shall assume all risks and be liable for all damages.
It shall be the duty of the Franklin Municipal Township Sanitary Authority,
after causing any opening or excavation to be made, to thoroughly and completely
fill the same in accordance with the requirements of the applicable municipal
ordinance or by puddling or tamping so as to prevent any settling thereafter,
and replacing the surface of the thoroughfare as it was before the opening
and at the proper grade and with the same subsurface and surface covering
as the part of the thoroughfare adjoining the opening, without ridges or depressions,
and to maintain the surface replaced in as good condition as it was prior
to the opening or excavation, at the established grade and with the same kind
and density of material, until said replacements have been approved by the
Municipality.
If the work in opening or in filling or maintaining the surface of said
streets, roads, alleys and rights-of-way shall not be promptly or shall be
unskillfully or improperly or incompletely done, the Municipality reserves
the right to cause the same to be done in the manner it deems proper, and
the expense thereof shall be charged to the Franklin Township Municipal Sanitary
Authority.
