Presenter
Presented by Mr. Koch and Mr. Motznik
Title
RESOLUTION PROVIDING FOR THE FIRST AMENDMENT TO AN AGREEMENT EFFECTIVE AS OF OCTOBER 1, 1970 BY AND AMONG CITY OF PITTSBURGH, ALLEGHENY COUNTY SANITARY AUTHORITY, AND INDIANA TOWNSHIP AND THE PITTSBURGH WATER AND SEWER AUTHORITY (PRESENTED BY MR. MOTZNIK)
Body
Be it resolved that the Council of the City of Pittsburgh hereby enacts as follows:
Section 1.
This FIRST AMENDMENT TO AGREEMENT EFFECTIVE AS OF OCTOBER 1, 1970 BY AND AMONG CITY OF PITTSBURGH, ALLEGHENY COUNTY SANITARY AUTHORITY, AND INDIANA TOWNSHIP AND THE PITTSBURGH WATER AND SEWER AUTHORITY (hereinafter referred to as this "Amendment") is made and entered into this ______day of _______________, 2007,
by and among
CITY OF PITTSBURGH, a municipal corporation of the Commonwealth of Pennsylvania (the "City"), AND
ALLEGHENY COUNTY SANITARY AUTHORITY, a body corporate and politic organized and existing under the Pennsylvania Municipal Authorities Act ("ALCOSAN"), AND
TOWNSHIP OF INDIANA, a political subdivision of the Commonwealth of Pennsylvania located within the County of Allegheny (the "Township"), AND
THE PITTSBURGH WATER AND SEWER AUTHORITY, a body corporate and politic, organized and existing under the laws of the Commonwealth of Pennsylvania ("PWSA").,
WITNESSETH:
WHEREAS, the City, ALCOSAN, and the Township entered into that certain sewage service Agreement identified on its cover page as being Effective as of OCTOBER 1, 1970, and further identified by Mayor's No. 5317 and Controller's No. 20023 (the "1970 Agreement"), and authorized by Pittsburgh City Council by Resolution No. 172 of 1971, approved May 6, 1971; a copy of which said 1970 Agreement is attached to and incorporated into this Amendment as Exhibit "A"; and
WHEREAS, the 1970 Agreement embodies the parties' agreement with respect to the sewage service to be provided by ALCOSAN to the Township; and
WHEREAS, effective July 27, 1995, the City entered into a Capital Lease Agreement with PWSA under which the City agreed to lease to PWSA the "Leased Property" consisting of (i) the entire network of water and sewage transmission pipelines, all water storage facilities, and certain land and buildings; (ii) all fixtures relating to the Real Property as defined in the Capital Lease Agreement; (iii) all equipment used in connection with or related to the operation of the System; (iv) all water and sewage pipelines dedicated by builders or developers after July 27, 1995, and all assets associated with or used in connection with such pipelines; (v) all spare parts wherever located and used in connection with the operation of the Equipment; and (vi) all inventory used in connection with the operation of the Equipment; and
WHEREAS, pursuant to the Capital Lease Agreement, the City assigned and PWSA assumed all contracts used in connection with the operation of the System;
WHEREAS, the Township has requested and ALCOSAN is willing, with the agreement of the City and PWSA, to expand the sewage service area to which the 1970 Agreement pertains to include the following five sewer districts known as: 1.) Fairview, 2.) Ottawa, 3.) Middle Road Area 1, 4.) Middle Road Area 2, and 5.) Rawlins Run.
WHEREAS, the parties desire to amend the 1970 Agreement as hereinafter provided.
NOW THEREFORE, in consideration of the foregoing and each intending to be legally bound, the parties agree as follows:
1. The foregoing recitals are hereby incorporated herein as if set forth at length.
2. The parties hereby agree to amend the 1970 Agreement to further enlarge the "sewage service area" (as defined in Section 1 of the 1970 Agreement) of the Sewage Disposal System (as defined on pages 1 of the 1970 Agreement) to include the: 1) Middle Road Sewer District Area 1, 2) Middle Road Sewer District Area 2, 3) Fairview Sewer District, 4) Ottawa Hills Sewer District, and 5) Rawlins Run Sewer Districts as more particularly described below. To that end, the parties hereby agree to amend Section 1 of the 1970 Agreement to read in its entirety as follows:
The City, PWSA and the Sanitary Authority hereby enlarge the service area of the Sewage Disposal System to include the following described portions of the Township of Indiana: (1) so much of the Township of Indiana to include a portion designated in the October 1, 1970 Agreement as Middle Road Sewer District, (2) Middle Road Sewer District Area 1 more particularly described as follows:
Beginning at a point formed by the intersection of the existing ALCOSAN service Area line and Middle Road with the boundary line of Hampton Township/ Indiana Township; thence in an easterly direction along the Hampton Township/ Indiana Township line, to the intersection with the eastern property line of St. Mary's Roman Catholic Church; thence S 00° 48' 00" W along the eastern property line of St. Mary's Church a distance of approximately 464 feet to a point; thence N 83° 12' W a distance of approximately 2,120 feet to the centerline of Middle Road; thence along the centerline of Middle Road to the point of beginning.
(3) Middle Road Sewer District Area 2 more particularly described as follows:
Starting at a point at the intersection of the Hampton Township/ Indiana Township boundary line with the eastern property line of Saint Mary's Roman Catholic Church; thence S 00° 48' 00" W along the eastern property line of Saint Mary's Church and beyond a distance of 1,632 feet to a point; thence N 89° 12' 00" W a distance of approximately 800 feet to a point at the intersection with the existing ALCOSAN service area line that shall become the point of beginning.
From the point of beginning, previously described, S 89° 12' 00" E to a point; thence S O° 17' 30" W a distance of approximately 3,440 feet to a property corner of Palm Properties, LLC and Mark and June Louise Balish; thence N 88° 16' 40" E a distance of 514.59 feet to another property corner of Palm Properties, LLC and Balish; thence S 01° 43' 20" E a distance of 1,050 feet to the property corner of Palm Properties, LLC, N/F Henrietta Blazer, and N/F G. Francioni; thence in a southeasterly direction along the east property line of G. Francioni to the property corner of G. Francioni and J. Francioni; thence south along the dividing property line between G. Francioni and J. Francioni to the intersection point with the Indiana Township/ O'Hara Township boundary line; thence east, south, and east along the same Indiana Township/ O'Hara Township boundary line to the point of intersection with the existing ALCOSAN Service Area Line; thence north along the existing ALCOSAN Service Area Line to the point of beginning.
(4) Fairview Sewer District more particularly described as follows:
Beginning at a point at the intersection of the Fox Chapel Borough/ Indiana Township Boundary Line with Fairview Road, that point being a distance of 750 feet east of the intersection of Fairview with Dorseyville Road; thence along the Fox Chapel Borough/ Indiana Township boundary line by various lines and distances to the southernmost point; thence by the same boundary line in a generally northerly direction to the junction with Hart's Run Road; thence generally easterly along the centerline of Hart's Run Road approximately 850 feet to the intersection with Dorseyville Road; thence along the centerline of Dorseyville Road in a generally northerly direction approximately 3,500 feet to a point; thence S 01° 38' 25" W a distance of 1,450 feet to the centerline of Fox Chapel Road; thence, turning to the east, S 88° 11' 59" E along the centerline a distance of 150.001 feet; thence S 00° 27' 51" W a distance of 346.874 feet to a point; thence S 87° 58' 57" E a distance of 234.013 feet to a point; thence S 00° 39' 30" E a distance of 190.389 feet to a point; thence S 88° 21' 03" W a distance of.237.920 feet to a point; thence S 01° 52' 40" E a distance of 160.511 feet to a point on the Fox Chapel Borough/ Indiana Township Boundary Line; thence by an irregular course following that boundary line in a generally southwestern direction to the intersection of the boundary line with the centerline of Fairview Road; thence by that same boundary line and centerline along Fairview Road in a northeasterly direction d distance of approximately 800 feet to the point of beginning.
(5) Ottawa Hills Sewer District more particularly described as follows:
Beginning at a point at the intersection of the centerlines of Fox Chapel Road and Highview Avenue; thence N 05° 23' 27" E a distance of 86.052 feet; thence N 89° 15' 33" E a distance of 340.666 feet to a point; thence N 00° 0l' 53" W a distance of 624.335 feet to a point; thence N 00° 01' 46" E a distance of 899.795 feet to the centerline of Rawlins Run Road; thence along Rawlins Run Road in an easterly direction a distance of 2,240 feet to the intersection of the centerlines of Rawlins Run Road and Old Mill Road; thence S 22° 30' E a distance of approximately 1600 feet across various properties to the intersection with the centerline of Fox Chapel Road; thence along Fox Chapel Road and the Fox Chapel Borough/ Indiana Township Boundary Line in a westerly direction to the point of beginning.
(6) Rawlins Run Sewer District more particularly described as follows:
Beginning at a point, said point of beginning be the intersection of the centerlines of Fox Chapel Road also known as SR 1006 and Highview Ave.; thence North 5° 23' 27" East, 86.052 feet to a point in Highview Ave.; thence through private lands, North 89° 15' 33" East, a distance of 340.666 feet to a point; thence through private lands, North 0° 01' 53" West, a distance of 624.335 to a point in the center of Ridgeland Drive; thence crossing Ridgeland Drive and through private lands, North 0° 01' 46" East, a distance of 899.795 feet to a point in the centerline of Rawlins Run Road; thence along the centerline of Rawlins Run Road, South 89° 32' 14" West, a distance of 358.485 feet to a point, said point being the intersection of the centerlines of Rawlins Run Road and Highview Ave.; thence along the centerline of Highview Ave., South 0° 54' 21" East, a distance of 907.452 feet to a point, said point being the intersection of the centerlines of Highview Ave. and Ridgeland Drive; thence by the Centerline of Ridgeland Drive, South 89° 45' 23" West, a distance of 322.782 feet to a point in the centerline of Ridgeland Drive; thence along same, South 76° 18' 01" West, a distance of 155.801 feet to a point in the centerline of Ridgeland Drive; thence along same, South 87° 29' 56" West, a distance of 103.417 feet to a point in the centerline of Ridgeview Drive; thence through private lands, South 84° 37' 12" West, a distance of 408.098 feet to a point, thence through same, North 80° 47' 52" West, a distance of 389.060 feet to a point; thence through same, South 89° 30' 00" East, a distance of 436.920 feet to a point; thence through same, South 1° 38' 25" West, a distance of 623.114 feet to a point in the centerline of Fox Chapel Road, also known as SR 1006; thence by the centerline of said road, South 88° 11' 59" East, a distance of 150.001 feet to a point in the centerline of said road; thence through private lands, South 0° 27' 51" West, a distance of 346.874 feet to a point; thence through same , South 87° 58' 57" East, a distance of 234.013 feet to a point; thence through same, South 0° 39' 30" East, a distance of 190.389 feet to a point; thence South 88° 21' 03" West, a distance of 237.920 feet to a point; thence through same, South 1° 52' 40" East, A distance of 160.511 feet to a point; thence through same, North 89° 03' 06" East, a distance of 280.141 feet to a point; thence through same, North 85° 36' 55" East, a distance of 1063.130 feet to a point; thence through same, North 1° 38' 31" West, a distance of 159.100 feet to a point; thence through same, North 2° 42' 29" West, a distance of 272.304 feet to a point; thence through same, North 0° 36' 04" West, a distance of 105.607 feet to a point; thence through same, South 86° 22' 04" East, a distance of 479.857 feet to a point in the centerline of Fox Chapel Road; thence by the centerline said road, North 58° 20' 15" West, a distance of 78.575 feet to a point in the centerline of said road; thence along same, North 68° 54' 42" West a distance of 71.133 feet back to the point of beginning.
(hereinafter all six areas are together referred to as the "SERVICE AREA"). Any reference in this Agreement to sewage service to the Township shall mean sewage service limited to the SERVICE AREA and subject to the provisions of Section 4 of the Agreement.
In no event shall the right of the Township under this Agreement exceed the rights of the municipalities in the original service area under the long-term agreements of December 1, 1949 executed by them.
3. The parties hereby agree to amend the 1970 Agreement by replacing the references to "Middle Road Sewer District" as those references appear in Sections 3(c), 3(d), 4 (four references), 6, 7, 9, 11 (two references), 12, and 14 (two references) with the words "the SERVICE AREA."
4. The parties hereby agree to amend the second paragraph of section 5 of the 1970 Agreement to read in it entirety as follows:
The City, PWSA and the Sanitary Authority also reserve the similar right to enter into agreements with industrial firms within and without the SERVICE AREA for the treatment and disposal of their sewage and wastes which do not enter a municipal sewer; provided, however, that the service charges (if such firms are not served by the Upper Allegheny System) shall be at least as high as those imposed on the Township and its water users by this Agreement, or (if such firms are in the service area of the Upper Allegheny System) at least as high as those imposed on the affected municipalities and their residents by the Upper Allegheny Agreement.
5. The parties agree to amend the 1970 Agreement by adding a new paragraph entitled Section 16 as follows:
SECTION 16. (a) No sewage or waste from Indiana Township shall enter into or be conveyed by the City of Pittsburgh sewer system.
(b) ALCOSAN and the TOWNSHIP represent to the City and to PWSA, and agree, that the enlargement of the sewer Service Area provided for herein shall not cause or create an increase in the amount of sewage or waste to be treated and disposed of by ALCOSAN, or in any manner overload the capacity of ALCOSAN such that the City of Pittsburgh's sewer system is adversely affected.
6. Except as amended hereby, the Agreement remains unchanged and in full force and effect.
7. HOME RULE CHARTER: LIABILITY OF CITY: This Agreement is subject to the provisions of the Pittsburgh Home Rule Charter; and the liability of CITY thereunder is zero dollars ($00).
8. AUTHORIZING RESOLUTIONS: This Agreement is entered into by the City of Pittsburgh pursuant to Resolution No. effective , . This Agreement is entered into by PWSA pursuant to Resolution No. 31 of 2007, adopted at a regular meeting of the Board of Directors held on March 9, 2007.
[Remainder of page intentionally left blank. Signature page follows.]
IN WITNESS WHEREOF, the parties hereto, have executed this Amendment as of the day and year first above written.
Attest: CITY OF PITTSBURGH
__________________________________ By:_______________________________
Secretary to the Mayor Mayor
Attest:
__________________________________ __________________________________
Chief Clerk Director, Department of Public Works
EXAMINED BY:_________________________________________
Assistant City Solicitor
APPROVED AS TO FORM:_________________________________
City Solicitor
COUNTERSIGNED:_______________________________________
City Controller
Approved as to form:
_______________________________________________
City Solicitor
Countersigned:
______________________________________________
Controller
(for additional signatures, see next page)
Attest: ALLEGHENY COUNTY SANITARY AUTHORITY
_____________________________ By:__________________________________________
Secretary
Attest: TOWNSHIP OIF INDIANA
___________________________ By:______________________________________
Township Secretary Chairman, Board of Supervisors
Approved as to form:
_____________________________________
Township Solicitor
ATTEST: PITTSBURGH WATER AND SEWER AUTHORITY
By:__________________________ By:____________________________
Title: Title:
APPROVED AS TO FORM:___________________________________________
Solicitor, Pittsburgh Water and Sewer Authority
EXHIBIT A
[Copy of the Agreement follows.]