[4-8-2021 by Ord. No. 8369]
Words or phrases importing the masculine gender shall be read
and understood to include the feminine and neuter genders and those
importing number shall include singular or plural, both as appropriate
to the context. The word "person," in addition to natural persons,
shall mean and include corporations, associations and public bodies
and their successors unless the context shall indicate otherwise.
The net proceeds of the bonds, after the payment of all costs
of issuance, costs of bond insurance for the bonds, any debt service
reserve for the bonds and all other related costs in connection with
the issuance of the bonds.
The New Castle Sanitation Authority, Lawrence County, Pennsylvania.
The New Castle Sanitation Authority Sewer Revenue Bonds,
Series C of 2021 (storm system sewer acquisition project).
The City of New Castle, Lawrence County, Pennsylvania, a
City of the third class of the Commonwealth of Pennsylvania, duly
organized and validly existing under the constitution and laws of
the commonwealth, particularly the Third Class City Code, 53 P.S.
§ 35101 et seq., as amended.
Includes, individually or jointly, the Mayor, the Council
President, the City Controller, the City Clerk, the Chief Financial
Officer and their appropriate successors acting by reason of absence
or other incapacity, being those duly elected or appointed, and acting
officials of the City hereby authorized to undertake and perform the
actions herein specified, which are necessary and proper to the completion
of the project.
The deposit of $5,000,000 into such funds and accounts as
the Mayor, Council and Act 47 Coordinator deem appropriate.
An amount of $5,000,000.
The sale price set forth in the transfer agreement, but in
no case less than the project sale price.
The City of New Castle Solicitor Department represented by
Theodore Saad, Esquire, and Jonathan Miller, Esquire, both of New
Castle, Pennsylvania.
All storm sewer tributaries, including, but not limited to,
storm sewer collector and interceptor storm sewers, transportation
storm sewers, trunk storm sewers, storm sewage treatment facilities
and storm sewer tributary system located within the geographical jurisdiction
of the City of New Castle, Pennsylvania, including without limiting
the generality of the foregoing, a) all lands, rights-of-way, easements
and similar interests in real property together with all and singular
the rights, hereditaments and appurtenances belonging or in any way
appertaining thereto, together with all buildings, laboratories, improvements,
meters, machinery, tanks, pipes, pipelines, treatment works and systems,
pumps, pumping stations, transportation equipment, trucks, vehicles
and other assets; and b) all equipment, materials good, merchandise,
appliances, tools or supplies which have been acquired for the purpose
of consumption or use in the operation and maintenance of the system;
and c) except as otherwise provided in the transfer agreement, all
accounts, funds and other moneys relating to the system; and d) all
files, information, books, books of account and other management documents,
resolutions, rules and regulations and records relative to the system,
and e) all of the franchise, permits, licenses, rights, easements,
grants, privileges, immunities, rights of way, and any and all rights
and privileges appurtentant to any and all of the real and personal
property comprising the system, and the appurtenances thereof as used
or useful in the connection therewith, including but not limited to
all the storm sewer permits numbers issued by the Department of Environmental
Protection, including the Sanitary Water Board permits and water quality
management permits, which may be issued for any and all of the facilities
contained in the system, and f) all other property and enforcement
powers used or useful in the construction, operation and maintenance
of the system, all as set forth in the transfer agreement, including
the ability to set rates.
That certain transfer agreement by and between the City and
the Authority selling and transferring the system, in such form as
set forth in Exhibit A hereto.
[4-8-2021 by Ord. No. 8369]
(a)
After due consideration of sundry factors, including the assistance
of current market conditions, consultation with staff of the City,
third-party professionals and other professionals, including reliance
upon the report of Resource Development and Management, Inc., the
City has determined and desires to sell, transfer, convey and otherwise
assign all of its right, title and interest in the system to the Authority
in exchange for the project sale price.
(b)
The City desires and authorizes the acceptance of the project sale
price subject to the City undertaking of the project. The undertaking
of the project is a condition precedent to the sale of the system
and the acceptance of the project sales price.
[4-8-2021 by Ord. No. 8369]
The City hereby authorizes and directs the designated officers
to execute the transfer agreement and such other ancillary and applicable
documents in connection with undertaking the provisions of this article,
provided that the City receives the project sale price. The City authorizes
and directs the designated officers to take all actions required to
implement the project and to apply the acquisition proceeds of the
bonds to the project.
[4-8-2021 by Ord. No. 8369]
The action of the proper officers or agents in undertaking the
project are ratified and confirmed.
[4-8-2021 by Ord. No. 8369]
All prior ordinances, resolutions, or other official acts or
parts thereof inconsistent herewith are hereby repealed to the extent
of such inconsistencies.
[4-8-2021 by Ord. No. 8369]
All references to specific provisions of statutory law herein
contained may be read and interpreted by reference to amended, successor
or replacement laws, but only to the extent consistent with the intent
and clear meaning of this article.
[4-8-2021 by Ord. No. 8369]
Nothing in this article, expressed or implied, is intended or
shall be construed to confer upon, or to give to, any person or corporation,
other than the City, any right, remedy or claim under or by reason
of this article or any covenant, condition or stipulation hereof;
and all of the covenants, stipulations, promises and agreements in
this article contained by and on behalf of the City shall be for the
sole and exclusive benefit of such persons.
[4-8-2021 by Ord. No. 8369]
If any one or more of the covenants or agreements provided in
this article on the part of the City to be performed shall for any
reason be held to be illegal or invalid or otherwise contrary to law,
then such covenant or covenants or agreement or agreements shall be
null and void and shall be deemed separable from the remaining covenants
and agreements but shall in no way otherwise affect.
[4-8-2021 by Ord. No. 8369]
No covenant or agreement contained in this article shall be
deemed to be the covenant or agreement of any member, officer, agent,
attorney or employee of the City in his individual capacity, and neither
the members of the City Council nor any designated officer shall be
liable personally or be subject to any personal liability or accountability
by reason of the undertaking of the project.
[4-8-2021 by Ord. No. 8369]
This article may be executed in multiple counterparts, each
of which shall be regarded for all purposes as an original; but such
counterparts shall constitute but one and the same instrument.[1]
[1]
Editor's Note: Original Section 4.08, Stormwater User
Fee, which immediately followed this section, was repealed 4-28-2021
by Ord. No. 8370.
