[HISTORY: Adopted by the Borough Council of the Borough of Vandergrift as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-28-1966 by Ord. No. 1-1966[1] (Ch. I, Part 2, of the 1970 Code of Ordinances)]
[1]
Editor's Note: Section 3 of this ordinance authorized and directed the President of Council to execute the Articles of Incorporation in the name of the Borough, and authorized and directed the Secretary to affix and impress the Borough Seal on the Articles and to attest the same; the Solicitor was authorized and directed to cause to be published notice of the ordinance and of the intention to file the Articles of Incorporation, and, when the Articles were properly executed, to cause the same to be filed with the Secretary of the Commonwealth. Section 4 of this ordinance repealed all inconsistent ordinances and parts of ordinances.
The Council of the Borough of Vandergrift, County of Westmoreland and Commonwealth of Pennsylvania, hereby signifies its intention and desire to organize an authority under the Municipality Authorities Act of 1945, approved May 2, 1945, (P.L. 382), and its amendments.[1]
[1]
Editor's Note: The Municipality Authorities Act of 1945 (53 P.S. § 301 et seq.) was repealed by Act 22 of 2001 (June 19, 2001, P.L. 287, No. 22). See now the Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq.
The President and the Secretary of the Borough Council are hereby authorized and directed to execute on behalf of the Borough of Vandergrift the Articles of Incorporation for said Authority in substantially the following form.[1]
[1]
Editor's Note: The complete ordinance and Articles of Incorporation are on file in the Borough offices.
[Adopted 7-9-1973 by Ord. No. 6-1973]
Kiski Valley Water Pollution Control Authority, and its successors, lessees and assigns, is hereby granted the right, privilege, franchise and authority to enter upon and to therein install, lay, construct, maintain, use, repair, replace and remove, in the streets, roads, alleys and rights-of-way of the said Borough, the necessary sanitary sewer lines and the required appurtenances thereto to complete the erection and construction and thereafter to operate a sanitary sewage transportation and treatment system pursuant to the plans and specifications and reports prepared by The Chester Engineers, Inc., Consulting Engineers, of Coraopolis, Pennsylvania, the consulting engineers for said Authority's proposed initial construction project.
[1]
Editor's Note: See also § 382-11A in this Code, which states: "The Borough of Vandergrift and the Boroughs of Apollo, East Vandergrift, Hyde Park, Leechburg, North Apollo, Oklahoma and West Leechburg and the Townships of Allegheny, Gilpin, Kiskiminetas, Parks and Washington (hereinafter referred to as the "municipalities") have duly incorporated the Kiski Valley Water Pollution Control Authority, hereinafter referred to as the "Authority," under the provisions of the Municipality Authorities Act . . . "
A. 
All such sanitary sewer lines shall be laid and constructed in a safe and secure manner and at such depth beneath the surface of said streets, roads, alleys and rights-of-way and in such manner as not to interfere with the grading, paving, or improvement and the proper drainage and the occupancy of other utility facilities in said streets, roads, alleys and rights-of-way, and in the event of any future change of grade in said streets, roads, alleys and rights-of-way or parts thereof, said Authority, its successors, lessees or assigns shall promptly lower or raise the tops of manholes and other structures to such depths that they not thereafter interfere with the grading, paving or improvement of said streets, roads, alleys or rights-of-way.
B. 
It shall be the duty of Kiski Valley Water Pollution Control Authority, its successors, lessees and assigns to complete any such work commenced as promptly as practicable and to provide and maintain at all times during the continuance of such work or any future repair or maintenance thereof proper and adequate guards, barriers and lights in connection therewith. Said Authority, its successors, lessees and assigns shall not at any time unnecessarily obstruct said streets, roads, alleys and rights-of-way.
C. 
It shall be the duty of Kiski Valley Water Pollution Control Authority, its successors, lessees and assigns, after causing any opening or excavation to be made, to thoroughly and completely fill the same in accordance with the requirements of the applicable Borough 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 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 the said replacements have been approved by the Borough.
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 Borough reserves the right to cause the same to be done in the manner it deems proper, and the expense thereof shall be charged to Kiski Valley Water Pollution Control Authority, its successors, lessees or assigns.
The Kiski Valley Water Pollution Control Authority, its successors, lessees and assigns, shall at all times be subject to and be governed by all the lawful rules, regulations and ordinances of the Borough now in force or which may hereafter be passed or enacted insofar as the same affect or appertain to the use and occupation of, and excavating in or upon, the aforesaid streets, roads, alleys and rights-of-way.
The Kiski Valley Water Pollution Control Authority, its successors, lessees and assigns shall save, indemnify and keep harmless the Borough of Vandergrift from any and all damages which may accrue against the Borough by reason of any such work or occupation of the said streets, roads, alleys and rights-of-way as authorized hereunder.