As used in this chapter, the following terms shall have the
meanings indicated:
BOROUGH
The Council of the Borough and the Bellefonte Borough Authority,
acting through their properly authorized officers, agents or employees,
when and only when acting within the scope of the duties entrusted
to them.
CONSUMER
Includes each person, group of persons, family, proprietorship,
partnership, association or corporation and means anyone to whom water
is supplied by the Borough, whether as owner or tenant, from whom
a separate application for water service is required.
OWNER
Includes any person, firm, corporation or association having
an interest as owner, whether legal or equitable, sole or partial,
in any premises which is or is about to be supplied with water by
the Borough.
RESIDENCE
Each room, suite of rooms, building or buildings containing
separate kitchen and bath facilities and utilized as a single domicile
by a person, group of persons or a family.
WATER SYSTEM
All facilities of the Borough for the supplying of water
to the Borough's consumers.
The President and Secretary of the Bellefonte Borough Council
are hereby authorized and directed to execute, on behalf of the Borough
of Bellefonte, Articles of Incorporation for said Authority in the
form required by said Act, which Articles of Incorporation shall set
forth among other things:
A. That the name of said Authority is "Bellefonte Borough Authority.
B. That said Authority is formed under the Municipality Authorities
Act of 1945, approved May 2, 1945, P.L. 382, as amended.
C. That no other authority organized under said Act or under the Act
of June 28, 1935, P.L. 463, is in existence in and for the incorporating
municipality other than the Bellefonte Borough Authority heretofore
organized pursuant to creation by Borough Council on August 15, 1938,
amended 3-16-1966 by an unnumbered resolution; 4-4-1966 by Ord. No.
540; and 7-17-1967 by Ord. No. 577. Ordinance No. 975, adopted October
5, 1987, amended the Articles of Incorporation of the Authority.
D. That the name of the incorporating municipality under the Authority
is the Borough of Bellefonte situated in Centre County, Pennsylvania.
E. That there shall be seven members of the Board of the Authority.
All appointments are made by the Borough of Bellefonte's Borough
Council.
F. That the Authority shall govern water service by the Manual of Rules
and Regulations adopted February 2004 and any modifications or changes
that occur and are adopted by the Authority thereafter.
The source of water supply now existing, the waterworks, machinery, pipelines and all other appurtenances that now exist or that may be hereafter acquired shall be under the control of Council and shall be managed in accordance with Chapter
88, Article
I, Manager, and §
544-4 of this chapter.
The Borough Manager is hereby authorized to administer the operation
of the Water Department in such a manner as to ensure efficient and
economical operation thereof.
If an owner of any occupied house, building or structure in
the Borough neglects or refuses to comply with the provisions of this
chapter or the rules and regulations manual governing water service,
the Borough may perform or cause to be performed such work and labor
and furnish or cause to be furnished such material as may be necessary
to comply with the provisions of this chapter or the rules and regulations
manual, at the cost and expense of such owner or owners, together
with 10% additional thereof and all charges and expenses incidental
thereto, which sum shall be collected from such owner for the use
of the Borough as debts are by law collectible, or the Borough may,
by its proper officer, file a municipal claim or lien therefor against
such premises as provided by law. Such remedies shall be in addition
to any penalty thereof as provided by Borough resolution.
In the event of a conflict between any of the provisions of
this chapter and a provision of any other ordinance, resolution, rule
or regulation of the Borough, the provision of this chapter shall
prevail.