[Ord. 329, 8/14/1959, § 1]
The Town Council of the Town of Bloomsburg, in the County of
Columbia and Commonwealth of Pennsylvania, hereby signifies its intention
and desire to organize a Municipal Authority under the provisions
of the Act of May 2, 1945, P.L. 382, as amended by the Act of June
12, 1947, P.L. 571, known as the "Municipality Authorities Act of
1945."
[Ord. 329, 8/14/1950, § 2; as amended by Ord. 535,
1/23/1967, § 1]
The President and Secretary of the Town Council are hereby authorized
and directed to execute on behalf of the Town of Bloomsburg, Articles
of Incorporation in substantially the following form:
ARTICLES OF INCORPORATION
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TOWN OF BLOOMSBURG MUNICIPAL AUTHORITY
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To the Secretary of the Commonwealth of Pennsylvania:
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In compliance with the requirements of the Act of May 2, 1945,
P.L. 382, as amended by the Act of June 12, 1947, P.L. 571, known
as the "Municipality Authorities Act of 1945." the Town of Bloomsburg,
County of Columbia, Pennsylvania, pursuant to a duly adopted ordinance
authorizing the formation of a Municipal Authority hereby certifies:
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A.
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The name of the Authority is "Municipal Authority of the Town
of Bloomsburg."
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B.
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This Authority is formed under the Act of May 2, 1945, P.L.
382, as amended.
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C.
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No other Authority has been organized under this Act or under
the Act approved June 28, 1935, P.L. 463, by the incorporating municipality.
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D.
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The name of the incorporating municipality is the "Town of Bloomsburg,
County of Columbia, Pennsylvania."
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E.
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The names and addresses of the President of the Town Council
and Councilmen of said incorporation municipality are as follows:
[Here followed the names and addresses and terms of office of the
President of Town Council and Councilmen at the time of adoption of
this Part].
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F.
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The names, addresses and terms of office of the first members
of the Board of the Municipal Authority to be formed hereby are as
follows: [Here followed the names and addresses and terms of office
of the first members of the Board of said Authority].
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G.
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The ordinance authorizing the creation of said Authority certified
from the records of the incorporating municipality together with advertisement
of notice of filing these Articles of Incorporation are each submitted
herewith.
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H.
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The term of existence of said Authority shall be 50 years from
the date of approval of these Articles of Amendment to the Articles
of Incorporation.
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[Ord. 329, 8/14/1950, § 3]
It is hereby specified that the project first to be undertaken
by the Municipal Authority of the Town of Bloomsburg, a body corporate
and politic to be duly organized under the Municipality Authorities
Act of 1945, as amended and supplemented, shall be the acquiring,
purchasing, holding, constructing, improving, maintaining, operating,
owning and leasing, either in the capacity of lessor or lessee, sewage
disposal plant, garbage disposal plant, sewer lines and sewer systems.
[Ord. 329, 8/14/1959, § 4]
The President and Secretary of the Town Council are hereby authorized,
empowered and directed to do all such things and to enter into such
agreements as may be permitted by law in the name of and on behalf
of the Town of Bloomsburg as may be necessary or expedient to carry
out and consummate the objects and purposes of this Part and in the
creation of said Municipal Authority of the Town of Bloomsburg and
in the acquisition of a sewage treatment works, a garbage disposal
plant, sewers and sewer systems authorized and designated to be acquired
or leased or operated by said Municipal Authority or any lessee from
said Municipal Authority by and under the authority of this Part.
The right and privilege to maintain and operate sewer lines, systems
and equipment in, upon and under the streets and highways of the Town
of Bloomsburg, is hereby given, granted and confirmed unto the Municipal
Authority of the Town of Bloomsburg.
[Ord. 329, 8/14/1950, § 5]
This Part shall not be construed as restricting or attempting
to restrict the right and power of said Municipal Authority of the
Town of Bloomsburg to undertake any other project or projects, which
it may by law, be authorized to take, nor as restricting or attempting
to restrict the powers granted to Municipal Authority by the Municipality
Authorities Act of 1945.
[Ord. 329, 8/14/1950, § 6]
This Part is deemed necessary for the benefit and preservation
of public health, peace, comfort and general welfare of the citizens
of the Town of Bloomsburg.
[Ord. 833, 6/11/2001, §§ 2-9; as amended by
Ord. 838, 11/12/2001]
1. It is hereby confirmed that the Municipal Authority of the Town of
Bloomsburg ("Municipal Authority") shall be empowered to set such
sewer rentals, user fee, connection fees, tapping fees and other charges
and to construct, repair, maintain and extend sewer facilities and
sewage treatment plants as are within the power of the Municipal Authority
pursuant to the Municipal Authority Act of May 2, 1945, P.L. 382,
§ 1 et seq., as amended, from time to time, and such other
powers possessed by the Town of Bloomsburg or the Municipal Authority
relating to the administration, operation, maintenance, ownership,
construction, repair and refinancing of a sanitary sewer system.
2. The public sewer system shall be deemed available to properties and
premises if such property lines are located within 200 feet from a
sewer main, measured along a street, alley or easement of the public
sewer system. All properties in which water supply facilities exist,
whether by well or public supply and whether connected or disconnected,
shall connect to the public sewer system if the public sewer system
is available.
3. All sewer facilities, including lateral lines, lines, meters and
other appurtenant facilities shall be installed pursuant to the specifications
than in effect as promulgated and established by the Municipal Authority
or its duly authorized employees or agents.
4. The Municipal Authority shall be permitted to promulgate such rules
and regulations as may be deemed prudent by the Municipal Authority
to regulate, restrict or prohibit certain types of effluent and certain
quantities of certain types of effluent. The Municipal Authority shall
be empowered to require pretreatment of effluent so that the discharge
of effluent from any user of the Municipal Authority's sewer system
is consistent with content restrictions and specifications which are
promulgated, from time to time, by resolution of the Authority.
5. The Municipal Authority is hereby delegated authority to set such
rules and regulations pertaining to the sewer system operated by the
Municipal Authority as is deemed necessary or appropriate by said
Municipal Authority.
6. The Municipal Authority is hereby delegated authority to set payment
due dates and requirements and said Municipal Authority is hereby
delegated the authority to assess penalties including, but not limited
to, late payment charges and assessment of court costs and attorney
fees, which are deemed proper and appropriate by the Municipal Authority,
from time to time. All amounts, charges, fees and penalties due from
consumers and users of the sewer system to the Municipal Authority
shall constitute liens upon the real estate for which service was
provided which gives rise to such fees, charges, claims and liabilities
and such amounts shall become municipal liens and shall be recoverable
under the Municipal Lien Law or, in the alternative, in a civil action.
7. The Municipal Authority, its agents and employees shall be provided
access to all properties served by the sewer system for inspection,
repair, replacement and maintenance of sewer facilities including,
but not limited to, laterals, pipes, meters, junctions and other facilities,
including those upon private property. The Municipal Authority shall
engage in such inspection, repair, replacement and maintenance at
reasonable times and upon the provision of reasonable notice, except
in the case of emergencies and the potential for immediate threat
to public health and welfare, in which case, notice shall be given
to the property owner as soon as possible thereafter in any reasonable
manner. Access rights hereunder shall be self-executing, however,
the Municipal Authority, its agents and employees are authorized to
secure a warrant authorizing and requiring access for the purposes
set forth herein.
8. All charges, fees, debts, liabilities, penalties, court costs and
attorney fees owing under this Section and resolutions of the Municipal
Authority promulgated thereunder, shall be due and owing from the
owners of the properties for which sewer service is provided or with
respect to which such payments have been changed, as well as the occupiers
of such properties at the time of the provision of service or other
event which gives rise to such charges, said liability between the
property owner and occupier to be joint and several.