[Adopted by Ord. No. 711, 4/27/2020]
1.
The Township hereby signifies its desire to acquire the Authority's
sanitary sewer project, and in furtherance thereof, hereby directs
the Authority and its officers and employees as follows:
A.
The Authority shall prepare an inventory of all assets of the Authority,
including but not limited to a description of all bank accounts, funds
and investments of the Authority, and produce copies of all contracts
to which the Authority is a party and deliver the inventory and contracts
to the Township Manager within 20 days from the adoption of this Part;
and
B.
The Authority shall turn over control of any and all bank accounts
and funds in the Authority's possession no later than 30 days after
adoption of this Part or such later time acceptable to the Township
Manager, and shall promptly execute any documents or agreements required
by any bank, financial institution or investment company, to accomplish
such transfer of such accounts to the Township; and
C.
The Authority shall convey to the Township all of its assets, by
way of appropriate instruments in form acceptable to the Township,
and all of its documents and records, within 30 days after the adoption
of this Part, or such longer time as may be agreeable to the Township
Manager. Such documents and records will include, but are not limited
to, all contracts, studies, plans, correspondence, financial records,
drawings, and files in the possession of the Authority, or any of
its officers, agents or representatives; and
D.
Other than as directed herein or by written consent of the Township,
the Authority is hereby prohibited from taking any action to incur
debt, to transfer or encumber any asset of the Authority, or to expend
any money, directly or indirectly, for any purpose other than supporting
the routine daily operations of the Authority or accomplishing directives
and objectives of the Township as set forth in this Part; and
E.
Upon adoption of this Part, the Authority shall give the Township
Manager advance written notice of any action it intends to take with
respect to updating or implementing the Township's Act 537 Sewage
Facilities Plan; and
F.
Effective immediately, the Authority is expressly prohibited from
taking any action or expending any funds directly or indirectly, for
the purpose of obstructing or interfering with the ability of the
Township to acquire the Authority sanitary sewer system project and
dissolve the Authority as authorized under 53 Pa. C.S. § 5622(a)
and set forth in this Part; and
G.
Effective immediately, the Authority is hereby prohibited from entering into any agreements with any corporation, firm, entity or person resulting in the expenditure of Authority funds relating to the expansion, construction, repair or maintenance of the sanitary sewer system without the express written consent of the Township. For the purposes of this § 18-301, Subsection 7, the Authority shall seek written consent for any agreement described herein by contacting the Township Manager and providing the Manager with all pertinent information regarding a proposed agreement, including but not limited to the names of the parties to the agreement, the subject of the agreement and a copy of the agreement or proposal in question. The Township Manager is hereby authorized and directed to promptly review such requests and to grant consent where the contract is shown to be necessary for the proper functioning of the sanitary sewer system and will not interfere with or obstruct the objectives of the Township to acquire the sanitary sewer system and dissolve the Authority as set forth in this Part.
H.
After conveying the sanitary sewer system project to the Township,
the Authority shall dissolve and file appropriate documents of dissolution
with the Secretary of the Commonwealth.
1.
The Township shall accept the conveyance of the Authority's sanitary
sewage system and shall act as the Authority's successor with respect
to all existing Authority relationships with third parties, including
but not limited to the Authority's contracts, real estate and legal
actions, and the Township shall assume all obligations incurred by
the Authority with respect to said sanitary sewer system.
A.
The proper Township officers, officials and representatives are authorized
and directed to:
(1)
Take all actions necessary to implement the acquisition of Authority's
sanitary sewer system as aforesaid, including the assumption by the
Township of all Authority obligations and to sign all documents and
enter into any such agreements as may be needed to do so; and
(2)
Arrange for the Authority's present office staff to continue
working in their present positions as Township employees and upon
the same terms of compensation, wages and benefits as they receive
presently, until otherwise directed by the Board of Commissioners;
and
(3)
Arrange for the Authority's consulting engineer to be retained
by the Township so as to be available to assist in the continued proper
functioning of the sanitary sewer system.
B.
The Board of Commissioners may by resolution authorize the creation
of a Sewer System Advisory Board (SSAB) to be established to provide
recommendations to the Township Manager regarding the Township's operation
of the sewer system after it is acquired by the Township, the SSAB
to be purely advisory in nature.
1.
All funds and assets required by this Part to be turned over by the
Authority to the Township shall be held and utilized by the Township
in connection with the operation, maintenance, improvement and future
expansion of the sanitary sewer system pursuant to the Municipality
Authorities Act, 53 Pa.C.S.A. § 5622(d).
