[Adopted 12-4-1958 by Ord. No. 794 (Appendix, Part VII, Art. IV, of the
1966 Code)]
The Borough of Clearfield shall transfer and convey to the Authority,
by deed or instrument of transfer in such form as may be approved
by the Borough Solicitor, the existing interceptor sewers within the
Borough, consisting of an interceptor sewer on the east side of the
Susquehanna River, extending from Elizabeth Street to below Bridge
Street and an interceptor sewer on the west side of said river, extending
from Patterson Street to below Legislative Route 17051.
A.
The Borough of Clearfield shall enter into a service agreement dated
as of January 1, 1959, substantially in the form presented at this
meeting, between the Authority and the Borough and the township, whereunder
the Authority will agree, out of the proceeds of said bonds, to construct
said sewer project in accordance with said plans and specifications
of said engineers, and will agree to furnish sewage disposal and treatment
service, and also to treat industrial and other wastes subject to
certain limitations; and under which, among other things, the Borough
and the township will jointly and severally agree to pay to the Authority
fixed semiannual payments of $63,000 on or before November 15, 1960,
and on or before each May 15 and November 15 thereafter, including
November 15, 1998, together with amounts sufficient to pay the costs
and expenses of operation, insurance, maintenance and repair, and
general and administration expenses; and will covenant and agree to
charge and impose and to collect or cause to be collected sewage charges
sufficient, together with state subsidy payments received by the Authority,
to pay in each year.
B.
Said service agreement shall also provide for the conditions under
which sewage charges may be revised or reduced, for a covenant on
the part of the Borough and the township to provide for deficits out
of other available revenues or to increase sewage charges, for the
appointment of the Authority as the agent of the Borough and the township
to collect sewage charges, to deposit sewage charges collected in
a separate Sewer Revenue Account and to apply the money therein for
the purpose of paying said fixed semiannual charges, paying said costs
and expenses of operation, insurance, maintenance and repair, and
general and administration expenses, making deposits in the Construction
Fund, if necessary to complete said sewer project, maintaining working
capital and paying balances from time to time to the trustee for deposit
in the Bond Redemption and Improvement Fund under the indenture. Said
service agreement shall also provide, among other things, for the
filing of an application for state subsidy payments, for amendments
in case of additional financing, for the employment of consulting
engineers and for the consent of the Borough and the township to the
assignment of the fixed payments to the trustee.
The President of Borough Council, the Mayor and the Borough
Secretary are hereby directed to execute said service agreement on
behalf of the Borough substantially on the form presented at this
meeting, and the proper officers of the Borough are hereby authorized
and empowered to execute all such other papers and documents and to
do such other acts as may be necessary or proper to carry out the
purpose and intent of this ordinance and the covenants and agreements
of the Borough contained in said service agreement.
As required by the indenture and said service agreement, the
Borough Council shall forthwith enact a Sewage Charge Ordinance, fixing
and charging sewage charges in accordance with the recommendations
of said engineers.
The Authority, as agent of the Borough, is hereby authorized
as provided in said service agreement to collect the sewage charges
fixed and imposed by the Borough in said Sewage Charge Ordinance,
to deposit said sewage charges as and when collected in said Sewer
Revenue Account and to apply the same as provided in said service
agreement.
The form of service agreement as presented to this meeting is
hereby approved and a copy thereof is hereby directed to be filed
with the Borough Secretary for inspection by any interested parties.
The plans and specifications of Hill and Hill Engineers for
said sewer project are hereby approved.
