Wednesday, December 20, 2017

RESOLUTION NUMBER 20171220-A RESOLUTION AUTHORIZING THE ADOPTION OF SCHEDULE OF ATTORNEY FEES

RESOLUTION NUMBER 20171220

EVANS CITY WATER AND SEWER AUTHORITY,
 BUTLER COUNTY, PENNSYLVANIA

A RESOLUTION AUTHORIZING THE ADOPTION OF SCHEDULE OF ATTORNEY FEES PURSUANT TO THE MUNICIPAL CLAIMS AND TAX LIENS ACT, 53 P.S. §7101, ET SEQ.


            WHEREAS, the Evans City Water and Sewer Authority (“ECWSA”), is authorized by statute to impose or assess on any property “municipal claims”, as used in the Municipal Claims and Tax Liens Act (the “Act”) arising out of, or resulting from, water or sewer rents and services; and

            WHEREAS, the Act further provides that municipal claims are a first lien on the property, together with all charges, expenses, and fees incurred in the collection of any delinquent account, including reasonable attorney fees added thereto for failure to pay promptly; and

            WHEREAS, the Act further provides that the municipal authority shall adopt a schedule of attorney fees, where attorney fees are sought to be collected in connection with the collection of a delinquent account.

            NOW THEREFORE, the following Resolution establishing a schedule of attorney fees is ORDAINED and ENACTED as follows:

1.                  There shall be charged to the account subject to collection an amount equal to the charge to ECWSA based upon the hourly rate of the attorney for ECWSA at the time the action to file the municipal claim is authorized.  As of the date of this Resolution the hourly rate is $125 per hour;

2.                  The hourly rate aforesaid may be adjusted from time to time in consideration of the time and labor required, the novelty and difficulty of the questions involved and the skill requisite to properly undertake collection and representation of ECWSA, as well as the amount of the delinquent account collected and the benefit to ECWSA from the services.

            ORDAINED AND ENACTED this 20th day of December, 2017.

                                                                                    EVANS CITY WATER AND
                                                                                    SEWER AUTHORITY

                                                                                        By:
                                                                                           Edward Tanski, Chairman

Thursday, November 30, 2017

ECWSA RESOLUTION 20171130 Approval of Callery Borough Purchase Agreement



RESOLUTION NUMBER 2017-1130


EVANS CITY WATER AND SEWER AUTHORITY,
 BUTLER COUNTY, PENNSYLVANIA


A RESOLUTION AUTHORIZING THE ACQUISITION OF CALLERY BOROUGH’S WASTEWATER COLLECTION SYSTEM; AUTHORIZING THE ENTERING INTO OF A PURCHASE AGREEMENT AS THE MEANS OF CONVEYANCE OF THE COLLECTION SYSTEM; AND AUTHORIZING OFFICIALS OF THE EVANS CITY WATER AND SEWER AUTHORITY TO SIGN THE PURCHASE AGREEMENT AND ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE TRANSACTIONS CONTEMPLATED IN THE PURCHASE AGREEMENT.


            WHEREAS, Evans City Water and Sewer Authority (“ECWSA”), an entity created pursuant to the Municipal Authorities Act, acting by and through a Board of Directors, owns and operates a wastewater collection system servicing residents and ratepayers in Evans City Borough, Forward Township, Adams Township and Jackson Township; and

            WHEREAS, Callery Borough (“Callery”), a municipal corporation, owns a gravity fed sewage collection system, servicing residents of Callery as well as Adams Township; and

            WHEREAS, Callery has offered to sell its sewage collection system to ECWSA and ECWSA, who presently treats Callery’s sewage, believes the acquisition of the system will improve its operating efficiencies and allow it to maximize economies of scale and better serve its customers; and

            WHEREAS, ECWSA and Callery have engaged in extensive discussions, negotiations and due diligence and have agreed upon the terms for a Purchase Agreement (“Agreement”) in substantially the same form presented to ECWSA herewith; and

            WHEREAS, in reliance upon the representations, warranties and covenants of Callery set forth in the Agreement, ECWSA has decided to acquire all the assets of Callery’s collection system (other than excluded assets), on the terms and subject to the conditions as set forth in the Agreement.

            NOW THEREFORE, be it resolved by ECWSA as follows:




1.         TRANSACTIONS.

            RESOLVED, in reliance upon the representations, warranties and covenants of Callery as set forth in the Purchase Agreement, ECWSA hereby approves the sale, transfer, assignment and delivery to ECWSA of all the assets of the sewage collection system (other than excluded assets) on the terms and subject to the conditions set forth in the Purchase Agreement;

2.         CERTIFICATIONS.

            FURTHER RESOLVED, ECWSA hereby certifies that: 1) Representations made by ECWSA in Article V of the Agreement are true and correct; and 2) ECWSA has complied with and performed in all material respects all covenants and obligations required under the Agreement;

3.         COOPERATION.

            FURTHER RESOLVED, that ECWSA shall cooperate with Callery to effectuate the transaction herein contemplated;

4.         AUTHORIZATION.

            FURTHER RESOLVED, that ECWSA hereby authorizes and directs its Chairman and other appointed officers and employees to execute and to deliver the Purchase Agreement, in substantially the form provided to ECWSA with such changes as approved by the Authority’s Solicitor, and such other documents and to do such other things as may be necessary to carry out the purposes and/or close the transactions contemplated by the Purchase Agreement.

DULY RESOLVED AND ADOPTED this 30 day of November, 2017, by ECWSA in lawful session duly assembled.

                                                                                    EVANS CITY WATER AND
                                                                                    SEWER AUTHORITY


                                                                                    By:
                                                                                           Edward Tanski, Chairman


ATTEST:


Timothy Green
Secretary


(SEAL) 

Wednesday, March 29, 2017

ECWSA RESOLUTION NUMBER 20170401 - Approval and Adoption of Rate Schedule Effective 04-01-2017

RESOLUTION
NO. 20170401


A RESOLUTION OF THE EVANS CITY WATER AND SEWER AUTHORITY



            WHEREAS, the Evans City Water and Sewer Authority (“ECWSA”) is a municipal authority created and subsisting by virtue of the Municipality Authorities Act, 53 Pa. C.S. Ch. 56, as amended (the “Act”); and
            WHEREAS, the Act authorizes ECWSA to fix, alter, charge and collect rates and other charges in the area served by its facilities at reasonable and uniform rates to be determined exclusively by it for the purpose of providing for the payment of the expenses of the authority, the construction, improvement, repair, maintenance and operation of its facilities and properties; and
            WHEREAS, ECWSA has undertaken an analysis and investigation of its expenses and all costs incurred by it in order to provide services to its customers in the manner required by the Act; and
            WHEREAS, the Act further empowers ECWSA to exercise all powers necessary or convenient for the carrying out of the foregoing purposes and to that end, ECWSA does, by this Resolution, adopt the following Rate Schedules:
Sewer
                        Customer Charge                                $9.70/customer/month
                        Service Charge                                    $43.20/EDU/month
                        Volumetric Charge                              Usage up to 50,000 gallons per month =                                                                                            $8.40/1,000 gallons
                                                                                    Usage over 50,000 gallons per month =
                                                                                     $4.10/1,000 gallons

Water
                       
                        Customer Charge                                $5.50/customer/month
                        Service Charge (in Borough)             $17.60/EDU/month
                        Service Charge (out of Borough)        $23.10/EDU/month
                        Volumetric Charge                              Usage up to 50,000 gallons per month =                                                                                            $5.90/1,000 gallons
                                                                                    Usage over 50,000 gallons per month =
                                                                                    $6.20/1,000 gallons
                                   
            This Resolution adopted by the unanimous vote of the Board of ECWSA at a duly convened meeting the 29TH day of March, 2017, said rates to be effective April 1, 2017.


Timothy Green                                                            Edward Tanski
Secretary                                                                     Chairman


(SEAL)                                                                       

Wednesday, June 29, 2016

ECWSA RESOLUTION 20160629 - APPROVAL AND ADOPTION OF ECWSA SANITARY RULES & REGULATIONS

Resolution No.            20160629            
Evans City Water and Sewer Authority
Butler County, Pennsylvania

Resolution of the Evans City Water and Sewer Authority
 Approving and Adopting Sanitary Sewer Rules and Regulations

WHEREAS, the Evans City Water and Sewer Authority (“Authority”), is a municipal corporation organized under the Municipality Authorities Act of 1945, as amended, for the purpose of providing sanitary sewer collection, conveyance, and treatment facilities, and the staffing and financing to operate said facilities; and

WHEREAS, the Authority has found it necessary to ensure that all newly constructed sanitary sewer and related appurtenances, as well as replacement, relocation, and additions to existing sanitary sewers, including repairs to any portion of the sanitary sewers shall conform to a uniform standard; and

WHEREAS, the Authority has determined the need to establish rules and regulations to be followed to make the process consistent and orderly,

NOW, THEREFORE, BE IT RESOLVED, that the Evans City Water and Sewer Authority hereby resolves as follows:

“The Sanitary Sewer Rules and Regulations for Evans City Water and Sewer Authority, Butler County, Pennsylvania; Last Revised: June 2016 and attached hereto are hereby approved and adopted as the Rules and Regulations of the Authority.”
All other Resolutions and parts thereof which are in conflict with this Resolution are hereby repealed to the extent of such conflict.

Enacted by this Resolution duly voted on and approved the 29th day of June, 2016.

Wednesday, February 3, 2016

ECWSA RESOLUTION 2016-1: ACCEPTANCE OF NORTHWEST BANK PENNVEST LOAN REFINANCE


RESOLUTION
2016-1

EVANS CITY WATER AND SEWER AUTHORITY


            At a regularly scheduled meeting of the Board of the Evans City Water and Sewer Authority (“Authority”) held _______________________, 2016, the following Resolution, upon motion duly made, was unanimously approved:
            The Authority does hereby accept the term loan offered by Northwest Savings Bank dated November 10, 2015 (“Term Loan”) to refinance the Pennvest loan assumed by the Authority under and subject to the terms thereof, and to set its rates and, if necessary, increase its rates to a level sufficient to cover all operational and maintenance costs, the debt service on the NORTHWEST SAVINGS BANK TERM LOAN and the debt service on all other outstanding debt of the Authority and does further resolve that:
            “The Chairman, Vice Chairman, and Secretary/Treasurer of the Authority are authorized to execute on behalf of the Authority all documents reasonable and necessary in connection with the NORTHWEST SAVINGS BANK TERM LOAN to the Authority including, but not limited to, the loan documents and such other and further funding documents necessary in connection therewith.”

Wednesday, April 29, 2015

04-29-2015 ECWSA RESOLUTION 2015-3A - REVISION TO STORMWATER COLLECTION SYSTEM RESOLUTION 2015-3


FEE RESOLUTION
NO. 2015- 3A
OF THE EVANS CITY WATER
AND SEWER AUTHORITY



A RESOLUTION OF THE BOARD OF THE EVANS CITY WATER AND SEWER AUTHORITY, BUTLER COUNTY, PA ESTABLISHING THE REQUIREMENT THAT THE SALE OF IMPROVED PROPERTY CANNOT OCCUR WITHOUT SUFFICIENT PROOF OF COMPLIANCE THAT STORMWATER COLLECTION SYSTEMS ARE NOT EMPTYING INTO THE SEWER SYSTEM.



            WHEREAS, the Evans City Water and Sewer Authority ("ECWSA") has responsibility for treating the waste water in its sewer system; and
            WHEREAS, the ECWSA does not want to increase its labor and costs by treating stormwater that has entered the sewer system; and
            WHEREAS,   the ECWSA has chosen to revise the testing and fee options that were previously established in Fee Resolution No. 2015-3.
            NOW THEREFORE, let it be resolved and enacted that residences and businesses that are served by the ECWSA are not permitted to connect any stormwater collection systems to the sewer system or otherwise allow stormwater from their property to enter the sewer system; and let it be further
            RESOLVED, that prior to the sale of improved property owned by any residents or businesses served by the ECWSA, the seller must either 1) receive confirmation by an authorized representative of the ECWSA that no stormwater is connected to or entering the sewer system or 2) must have entered into an escrow agreement, approved by the ECWSA, in which the necessary remedial work to comply with this resolution is described by a licensed or approved plumber and security is deposited in an escrow account to guarantee that the work is performed; and let it be further



            RESOLVED, that the ECWSA has the right to inspect and, if deemed necessary by the ECWSA, to perform a dye test, to determine if stormwater is entering the sewer system at an improved property that is scheduled for sale and that the seller shall be charged $200.00 for an inspection and, if necessary, dye test (unless otherwise agreed to by the ECWSA):

            RESOLVED AND ENACTED this 29th day of April, 2015.


Wednesday, February 25, 2015

02-25-2015 ECWSA RESOLUTION ESTABLISHING PROPERTY SALE INSPECTION & DYE TESTING NO. 2015-3



FEE RESOLUTION
NO. 2015-3
OF THE EVANS CITY WATER
AND SEWER AUTHORITY



A RESOLUTION OF THE BOARD OF THE EVANS CITY WATER AND SEWER AUTHORITY, BUTLER COUNTY, PA ESTABLISHING THE REQUIREMENT THAT THE SALE OF IMPROVED PROPERTY CANNOT OCCUR WITHOUT SUFFICIENT PROOF OF COMPLIANCE THAT STORMWATER COLLECTION SYSTEMS ARE NOT EMPTYING INTO THE SEWER SYSTEM.



            WHEREAS, the Evans City Water and Sewer Authority ("ECWSA") has responsibility for treating the waste water in its sewer system; and
            WHEREAS, the ECWSA does not want to increase its labor and costs by treating stormwater that has entered the sewer system; and
            NOW THEREFORE, let it be resolved and enacted that residences and businesses that are served by the ECWSA are not permitted to connect any stormwater collection systems to the sewer system or otherwise allow stormwater from their property to enter the sewer system; and let it be further
            RESOLVED, that prior to the sale of improved property owned by any residents or businesses served by the ECWSA, the seller must either 1) receive confirmation by an authorized representative of the ECWSA that no stormwater is connected to or entering the sewer system or 2) must have entered into an escrow agreement, approved by the ECWSA, in which the necessary remedial work to comply with this resolution is described by a licensed or approved plumber and security is deposited in an escrow account to guarantee that the work is performed; and let it be further



            RESOLVED, that the ECWSA has the right to inspect and, if deemed necessary by the ECWSA, to perform a dye test, to determine if stormwater is entering the sewer system at an improved property that is scheduled for sale and that the seller shall be charged the following fees (unless otherwise agreed to by the ECWSA):

·        inspection only                                               $75.00
·        dye test only                                                   $150.00
·        inspection and dye test                                $200.00

            RESOLVED AND ENACTED this _______ day of _________________, 2015.

ATTEST:                                                                    EVANS CITY WATER AND
                                                                                    SEWER AUTHORITY

_____________________________                   ________________________________

Secretary                                                                   Timothy E. Schoeffel, Chairman