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HomeMy WebLinkAboutPeters Township Ordinance 50 June 30, 1967 AN ORDINANCE ESTABLISHING THE OFFICE OF SEWAGE FACILITIES INSPECTION OFFICER FOR PETERS TOWN- SHIP, FRANKLIN COUNTY, PENNSYLVANIA, DEFINING THE DUTIES OF SUCH OFFICER, AND PROVIDING FOR FEES TO BE CHARGED AND FOR THE COMPENSATION OF SAID OFFICER. Be it enacted and ordained by the Board of Supervisors of the Township of. Peters, County of Franklin, Commonwealth of Pennsylvania, and it is hereby enacted and ordained as follows: Section 1 . The Board of Supervisors of the Township of Peters, County of Franklin, Commonwealth of Pennsylvania, shall hereafter administer the provisions of Section 7 of the Pennsylvania Sewage Facilities Act, being Act No. 537 of the General Assembly of the Common- wealth of Pennsylvania approved January 24, 1966, in accordance with the rules, regulations, standards, and procedures now or hereafter adopted by the department of Health of the Commonwealth of Pennsylvania pursuant to said Act. Section 2. The said Board of Supervisors shall appoint a sewage facilities inspection officer as its authorized representative or agent who shall received all applications in said Township of Peters for a permit to install an individual or community sewage disposal system or to construct any building in which an individual or community sewage disposal system is to be installed, shall issue or deny such permit, may revoke any such permit for cause, and shall make all necessary inspections. Section 3. At the time of making the written application for any permit herein provided, the applicant shall pay to the sewage inspection officer the sum of five ($5.00) dollars and further shall pay to him the sum of twenty ($20.00) dollars at the time of apply- ing for final inspection of the subject sewage disposal system, and the failure to pay such fees shall be just cause for denying or re- voking the permit, as the case may be, All such fees shall be retained by the sewage facilities inspection officer and shall constitute his only compensation for the performance of the duties of his office and for payment of all expenses in connection with said office, it being the intention of this ordinance to administer the said act without expense to said township. Section 4. The provisions of this ordinance ate severable and if any provision or part thereof shall be held invalid or unconstitutional or inapplicable to any person or circumstances, such invalidity, uncons- titutionality or inapplicability shall not affect or impair the remaining provisions of the ordinance. Section 5. This ordinance shall become effective five (5) days after adoption, or at such time as Act No. 537 is effective in Peters Township, whichever date be later. Passed this 30th day of June, 1967. Linn'E. Stahl Attest: President Galen K. Heckman ,Secretary 62 RESOLUTION LIQUID WASTE DISPOSAL The Board of Supervisors of Peters Township hereby adopts the Official Plan for Liquid Wastes Disposal - Peters Township, Franklin County 1971 as prepared by Nassaux-Hemsley, Inc. as the Liquid Wastes Disposal Plan for Peters Township in conformance with the requirements of Act # 537 subject to the following comments which should be construed to be a portion of said plan: 1. This Board's records of malfunctioning sewage systems, as kept in conformance with Act #537 relative to new or repaired system permits, indicate that the malfunctioning rates cited on pages 34 and 35 of the Plan are not accurate. Based on the above existing records, the malfunctioning rates for the various portions of the Township should more correctly read as follows: Cove Gap Area - 0.78% annual malfunctioning rate 1968-70 Fort Loudon Area - 2.01% annual malfunctioning rate 1968-70 Upton Area - 0.58% annual malfunctioning rate 1068-70 Markes-Lemasters Area - 1.79% annual malfunctioning rate 1968-70 2. It is the feeling of this Board that Plans 4 and 5-b will best serve the interests of the Township. However, based on the low reate with which existing systems are malfunctioning this Board can see no environmental necessity for immediate implementation of said Plans. Rather, such plans will be initiated when the population and economic growth of the Township warrants these facilities, and in the case of Plan 5 b, when the Townships of Antrim and Montgomery offer assistance to jointly sewer that area along Route 16 between Greencastle and Upton. I, Galen K. Heckman, Secretary-Treasurer of Peters Township, do hereby certify that the above is a true and correct copy of the Resolution passed at the Board of Supervisors meeting on Friday, March 26, 1971, and that the same is still in full force and effect. ATTEST: Linn E. Stahl. Galen K. Heckman Secretary-Treasurer Peters Township Supervisors C` 3 ADOPTING AS A COOPERATIVE CONSTITUENT MUNICIPALITY THE "FRANKLIN COUNTY SOLID WASTE MANAGEMENT PLAN" PREPARED FOR THE FRANKLIN COUNTY PLANNING COMMISSION IN ACCORDANCE WITH THE PENNSYLVANIA SOLID WASTE MANAGEMENT ACT 241. WHEREAS, the General Assembly of Pennsylvania has passed the Pennsyl- vania Solid Waste Management Act, Act 241 and it was signed into law by the Governor of the Commonwealth; and WHEREAS, Act 241 requires that certain municipalities in the Common- wealth shall submit to the Pennsylvania Department of Environmental Re- sources (Dept.) an officially adopted plan for solid waste systems serving the area within their jurisdiction; and WHEREAS, the Department has recommended to the County of Franklin that the planning be accomplished at the County level, on a regional basis by the County Planning Commission; and WHEREAS, the Commission, in order to satisfy the Act 241 planning requirements has prepared a County-wide Solid Waste Management Plan, entitled the "Franklin County Solid Waste Management Plan"; and WHEREAS, this County-wide Plan is to be officially adopted by this same form of resolution in accordance with the Pennsylvania Act 241 by all Franklin County municipalities; and WHEREAS, the County-wide plan is the result of a cooperative effort by the County municipal governing bodies consistent with each official municipal Solid Waste Management Plan, as well as regional planning objectives; and WHEREAS, the Commission has coordinated the joint effort, included all county municipalities and synthesized individual municipal plans in the county-wide plan; and WHEREAS, any implementation or change in the"Franklin County Solid Waste Management Plan" in relation to a particular County municipality shall be provided for review by that municipality before any action is taken; NOW THEREFORE BE IT RESOLVED THAT the Governing Body of Peters Township adopts the "Franklin County Solid Wastes Management Plan" as submitted by the Franklin County Planning Commission, subject to approval by the State Department of Environmental Resources. RESOLVED this 28th day of April, 1972 by Linn E. Stahl Galen K. Heckman John W. Johnston 97 AMENDMENT TO OFFICIAL PLAN FOR LIQUID WASTES DISPOSAL PETERS TOWNSHIP FRANKLIN COUNTY 1971 October 26, 1973 Engineering Plans will be iniated in November 1973 for the Fort Loudon area with plans being submitted prior to March 1, 1974 for Grants. Following construction of the Fort Loudon area, engineering plans will be immediately iniated reletive to Markes and Lemasters. Relative to the Upton area, which will connect into a proposed interceptor and treatment plant in Antrim Township, this Township will iniate Engineering Plans immediately upon notification that Antrim Township is proceeding concurrently with the Engineering of its portion of the system. The purpose of this clause is to insure proper coordination and phasing of the project. Relative to areas adjacent to the Borough along Route 16, the Township will begin negotiating with the Borough of Mercersburg relative to obtaining agreements whereby Peters Township can use the Borough System for treatment and conveyance of liquid wastes. Subject to the approval and receipt of such Grants, and the economical feasibility of constructing such Systems, the Township will proceed expeditiously with the constructing of said systems. It is estimated that following submission of plans for grants, is will take twenty (20) months to receive such grants and eighteen ( 18) months to bid, finance and construct the systems. A resolution to pass the aforementioned amendment is as follows: Be it resolved to accept Amendment of Official Plan for Liquid Waste Disposal, Peters Township, Franklin County 1971, dated October 26, 1973, on a motion by John Brake seconded by Galen K. Heckman and passed. The above Resolution is a true and correct copy of the Resolution passed by the Peters Township Supervisors on October 26, 1973. Galen K. Heckman, Secretary 110 RESOLUTION October 25, 1974 Be it resolved that the Peters Township Board of Supervisors do hereby adopt as part of the Peters Township Official Plan of Liquid Wastes Disposal for Act 537 the revision to a proposed subdivision of Lemaster Development Co., Inc., dated October 25, 1974 and signed by Galen K. Heckman, Secretary of Peters Township Board of Supervisors and the same shall be submitted to the Pennsylvania Department of Environmental Resources for their review and approval. PETERS TOWNSHIP BOARD OF SUPERVISORS RESOLUTION 11-74 WHEREAS Section 5 of the Act of Jan. 24, 1966, P.L. 1535 No. 537 known as the "Penna. Sewerage Facilities Act" as amended and the rules and regulations of the Pa. Dept. of Environmental Resources adopted thereunder, Chapter 71 of Title 25 of the Pa. Code requiring the municipalities to adopt for Official Sewerage Facilities plan for the provisions of adequate sewerage systems and to revise said plan from time to time as may be necessary, and WHEREAS the municipality has reviewed the said plan and has found it adequate for the expected sewerage disposal needs of said plan of Elwood Heckman. NOW THEREFORE BE IT RESOLVED that the Supervisors of Peters Township hereby adopt the plan known as Elwood Heckman, providing for sewerage disposal by individual subsurface disposal as a part of the Official Plan of the municipality. The municipality hereby assures the department of proper and timely implementation of the said plan as set forth therein. JOHN W. JOHNSTON GALEN K. HECKMAN 1416' RESOLUTION September 24, 1976 RESOLVED that the Peters Township Board of Supervisors, do hereby grant permission to Clyde W. Fox, Jr., Mercersburg, Pa. to contact the proper authorities in the Department of Environmental Resources with his plans for liquid waste disposal to accomodate proposed future housing development to be developed on his land along Route 416, across from the James Buchanan Middle School, and WHEREAS, the township does not have municipal sewerage, however, plans are prepared and approved which will accomodate this given area, but due to low priority points, the townships plan for liquid wastes is several years in the future, and WHEREAS, it shall be understood that upon completion of the townships plan for liquid wastes, that the said proposed system of Mr. Fox will be abandoned and the said proposed development will connect to the Peters Township Liquid Waste System at the expense of Mr. Fox or developer. This is only serving as an interim measure until such time as municipal sewer becomes available. NOW THEREFORE, BE IT RESOLVED, that the Department of Environmental Resources review the pertinent information of Mr. Fox's plan and' make appropriate comments. LESTER R. GEHR, CHAIRMAN JOHN C. BRAKE, VICECHAIRMAN GALEN K. HECKMAN, SECRETARY RESOLUTION October 29, 1976 EXPRESSING INTEREST IN THE PAVEMENT MARKING DEOMONSTRATION PROGRAM OF THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION AS ESTABLISHED UNDER THE FEDERAL HIGHWAY SAFETY ACT OF 1976. WHEREAS, under the Federal Highway Safety Act of 1976, Federal monies were allocated for applying pavement markings on certain roads; and WHEREAS, Bituminous or concrete roads, a minimum of sixteen ( 16) feet in width,having two hundred fifty (250) vehicles per day or more traffic count presently on them, which have not been marked or do not meet present pavement marking requirements, are eligible to be marked with one hundred percent (1000 Federal funds; and WHEREAS, the Federal funds may be used to repaint roads involved in order that the routes are adequately marked for a two year period and that no maintenance requirements will be placed upon the municipalities • that enter into this program; and WHEREAS, pavement markings such as crosswalks, school legends, stop bars, etc. are also eligible; NOW THEREFORE, Be it Resolved by the Supervisors of the Township of Peters, Franklin County, Pennsylvania, and it is hereby resolved by the authority of the same, That: 1 .R 5 2 ORDINANCE 1-77 January 28, 1977 An Ordinance signifying the desire and intention of the Municipal Author- ities of this township to organize an authority under the Pennsylvania Act of May 2, 1945, P.L. 382 Known as the "Municipality Authorities Act of 1945", as amended and supplemented, for the purposes of exercising any and all powers conferred by said act; setting forth, in full, the proposed Articles of Incor- poration; appointing the first members of the Board of Said Authority; authorizing execution of Articles of Incorporation and doing all matters necessary for creattion of said authority; and repealing all inconsistent Ordinances or parts of Ordinances. BE IT ENACTED AND ORDAINED, by the Board of Supervisors of the Township of Peters, Franklin County, Pennsylvania (the "Township"), as follows: SECTION 1. The Board of Supervisors of this Township signifies the intention and desire to organize an Authority under the Municipality Author- ities Act of 1945, approved May 2, 1945, P.L. 382, known as the "Municipality Authorities Act of 1945", as amended and supplemented (the "Act"), of the Commonwealth of Pennsylvania (the "Commonwealth"), for the purposes of exercising and and all powers conferred by the Act. SECTION 2. The Chairman or Vice Chairman of the Board of Supervisors and the Secretary, respectively, of this Township are authorized and directed to execute, in behalf of this Township, Articles of Incorporation for said Authority, in substantially the following form: ARTICLES OF INCORPORATION TO: The Secretary of the Commonwealth of Pennsylvania: In compliance with requirements of the Act of May 2, 1945, P.L. 382, known as the "Municipality Authorities Act of 1945", as amended and supplemented (the "Act") , of the Commonwealth of Pennsylvania (the "Commonwealth"), and pursuant to an ordinance enacted by the municipal authorities of the Township of Peters, Franklin County, Pennsylvania, expressing the intention and desire of such municipal authorities to organize an Authority under the Act, the incorporating municipality does certify: 1. The name of the Authority is "PETERS TOWNSHIP MUNICIPAL'AUTHORITY OF FRANKLIN COUNTY". 2. The Authority is formed under the Act. 3. No other Authority has been organized under the Act or under the Act of June 28, 1935, P.L. 463, as amended and supplemented, of the Commonwealth, and is in existence in or for the incorporating municipality, except that the incorporating municipality hertofore joined with certain other incorporating municipalities to organize the "Bear Valley, FranklinCounty, Pennsylvania, Joint Authority", under the Act, which is in existence in and for the incorporating municipality. 153 4. The name of the incorporating municipality is: Township Of Peters Franklin County, Pennsylvania. 5. The names and addresses of the municipal authorities of said incorporating municipality are: Office Name Address Supervisor and Chairman Lester R. Gehr Fort Loudon, of the Board of Supervisors Pennsylvania 17224 Supervisor and Vice Chairman John C. Brake R. D. 2, Mercersburg, of the Board of Supervisors Pennsylania 17236 Supervisor and Secretary— Galen K. Heckman R. D. 2, Mercersburg, Treasurer of the Township Pennsylvania 17236 6. The names and addresses and term of office of the first members of the Board of the Authority, each of whom is a resident and citizen of said incorporating municipality, are as follows: Name ADDRESS Term of Office Charles W. Faust R. D. 1 5 years Greencastle, Pa. 17225 Milton L. Garnes R. D. 1 4 years • Mercersburg, Pa. 17236 Robert A. McDowell Lemasters, Pa. 3 years 17231 Eber L. Musser R. D. 1 2 years Mercersburg, Pa. 17236 Victor H. Rosenberry Fort Loudon, Pa. 1 year 17224 IN WITNESS WHEREOF, the Township of Peters, Franklin County, Pennsylvania, has caused these Articles of Incorporation to be executed by its Chiarman or Vice Chairman of the Board of Supervisors and to be attested by its Secretary, and the official seal of the Township to be affixed hereto, this day of 1977. TOWNSHIP OF PETERS, Franklin County, Pennsylvania By: Lester R. Gehr Chairman of the Board of Supervisors 154 SECTION 3. The Chairman or Vice Chairman of the Board of Super- visors and the Secretary, respectively, of this Township further are directed to cause notice of the substance of this Ordinance, including the substance of the foregoing Articles of Incorporation, and of the proposed filing of such Articles of Incorporation to be published as required by the Act. SECTION 4. The Chairman or Vice Chairman of the Board of Super- visors and theSecretary, respectively, :of this Township further are directed to cause such Articles of Incorporation, together with the necessary proofs of publication, to be filed with the Secretary of the Commonwealth, and to do all other acts and things necessary or appropriate to affect the incorporation of such Authority, including payment of any filing fees required in connection therewith. SECTION 5. The following names persons, each of whom is a resident and citizen of this Township, shall be and they are appointed as the first members of the Board of the Authority, for the following terms of office: NAME ADDRESS TERM OF OFFICE Charles W. Faust R. D. 1 5 years Greencastle, Pa. 17 225 Milton L. Games R. D. 1 4 years Mercersburg, Pa. 17236 Robert A. McDowell Lemasters, Pa. 3 years 17231 Eber L. Musser Route 1 2 years Mercersburg, Pa. 17236 Victor H. Rosenberry Fort Loudon, Pa. 1 year 17 224 SECTION 6. The enactment of this Ordinance is deemed necessary for the benefit and preservation of the public health, peace, comfort and general welfare of and will increase the prosperity of the citizens of this Township. SECTION 7. All Ordinances or parts of Ordinances, insofar as much shall be inconsi stent herewith, shall be and the same expressly are repealed. DULY ENACTED AND ORDAINED, by the Board of Supervisors: of the Township of Peters, Franklin County, Pennsylvania, this 28th day of January, 1977. TOWNSHIP OF PETERS Franklin County, Pennsylvania By: LESTER R. GEHR ATTEST: Chairman of the Board of Supervisors GALEN K. HECKMAN SEcretary SEAL 16 ORDINANCE # 12-77 December 29, 1977 AN ORDINANCE'AMENDING THE ORDINANCE ESTABLISHING rk ; OFFICE OF SEWAGE FACILITIES INSPECTION Or'riCER FOR PETERS TOWNSHIP, FRANKLIN COUNTY, PENNSYLANIA PASSED JUNE 30, 1967 Be it enacted and ordained by the Board of Supervisors of the Township of Peters, County of Franklin, Commonwealth of Pennsylvania, and it is hereby enacted and ordained as follows: That the Ordinance entitled "An Ordinance Establishing The Office of Sewage Facilities Inspection Officer for Peters Township, Franklin County, Pennsylvania, Defining The Duties of'Such Officer, And Providing For Fees To Be Charged And For.The Compensation of Said Officer" passed June 30, 1967, and amended January 26, 1968, and July 31, 1970, is hereby amended to read as follows: "Section 3 - At the time of making the written application for any permit herein provided, the applicant shall pay to the sewage inspection officer the sum of Twenty ($20.00) Dollars, and the failure to pay such fee shall be just cause for denying or revoking the permit, as the case may be. A permit shall be required for any installation made in the Township regardless of the nature or class- ification of the real estate or system." Passed this 29th day of December, A.D. nineteen hundred and seventyseven. LESTER R. GEHR President ATTEST: Galen K. Heckman Secretary RESOLUTION February 24, 1978 ` BE IT RESOLVED THAT THE SUPERVISORS OF PETERS TOWSHIP, designate the following as the official name for state and township roads that lie within the township. TOWNSHIP ROADS T. 419 Appleway T. 417 Harrytown Rd. T. 410 Brooklyn Rd. T. 406 Hawbaker Drive T. 316 Charlestown Rd. T 41&' Hawk Rd. T. 402 Conoco Rd. T. 401 Hillcrest T. 405 Dickeys Rd. T. 521 Hissong Rd. T. 417 Dry Run Rd. T. 415 Huber-Rd. T. 403 • Dutchtown Rd. T. 319 Johnstons Lane T. 404 Edwards Drive T. 340 Kuhn Rd. T. 332 Findley Rd. T. 407 Long Lane T. 333 Fristone Rd. T. 412 McDowell Rd. T. 414 Geibs Rd. T. 333 McFarland Rd. T. 427 Hager Rd. T. 413 Meyers Rd. 222 luent pump, pump chamber, 1000 gallon septic tank, and all other items that are compatible with the existing Upton system. SECTION 11. The provisions of this ordinance are declared to be for the health, saf- ety and welfare of the citizens of Peters Township and persons violating any provisions of this ordinance upon conviction before any Justice of the Peace of Franklin County, shall be fined One Hundred ($100.00) Dollars and costs. Each ninety (90) day period during which such violation of such provision shall continue shall be deemed to be a separate offense. SECTION 12. If any provisions, sentence, clause, section or part of this ordinance is for any reason found to be unconstitutional, illegal or invalid, such unconsti- tutionality, illegality or invalidity shall not affect or impair any of the re- maining provisions, sentences, clauses, sections or parts of this ordinance. It is hereby declared as the intent of Peters Township that this ordinance would have been enacted had such unconstitutional, illegal or invalid provision, sentence, clause, section or part not been included herein. SECTION 13. This ordinance is hereby declared to be urgent for the preservation of the peace, health and comfort of the people of Peters Township and shall take effect and be in force immediately after its passage. ENACTED AND ORDAINED this 26thday of December , 1986. BOARD OF SUPERVISORS OF PETERS TOWNSHIP By John C. Brake ATTEST: Chairman Galen K. Heckman Joseph S. Rotz Secretary Vice Chairman ORDINANCE NO. 12B-86 IMPOSING SEWER RENTALS OR CHARGES FOR THE USE OF THE SEWERS OR SEWER SYSTEM IN THE UPTON DISTRICT SEWER SYSTEM, PETERS TOWNSHIP, FRANKLIN COUNTY, PENNSYLVANIA, UPON THE OWNERS OF PROPERTY SERVED, OR TO BE SERVED, BY SUCH SEWERS OR SEWER SYSTEM: IMPOSING SUCH CONNECTION CHARGES: PROVIDING FOR THE COLLECTION THEREOF AND THE FILING OF LIENS THEREFOR, AND PROVIDING FOR RULES AND REGULATIONS. The Board of Supervisors of the Township of Peters, Franklin County, Penns- ylvania, hereby enacts and ordains as follows: SECTION 1. Definitions: a. "Township" shall mean Peters Township, Franklin County, Pennsylvania. b. "Board of Supervisors" shall mean the group of elected officials acting as the governing body of the Township. 222 luent pump, pump chamber, 1000 gallon septic tank, and all other items that are compatible with the existing Upton system. SECTION 11. The provisions of this ordinance are declared to be for the health, saf- ety and welfare of the citizens of Peters Township and persons violating any provisions of this ordinance upon conviction before any Justice of the Peace of Franklin County, shall be fined One Hundred ($100.00) Dollars and costs. Each ninety (90) day period during which such violation of such provision shall continue shall be deemed to be a separate offense. SECTION 12. If any provisions, sentence, clause, section or part of this ordinance is for any reason found to be unconstitutional, illegal or invalid, such unconsti- tutionality, illegality or invalidity shall not affect or impair any of the re- maining provisions, sentences, clauses, sections or parts of this ordinance. It is hereby declared as the intent of Peters Township that this ordinance would have been enacted had such unconstitutional, illegal or invalid provision, sentence, clause, section or part not been included herein. SECTION 13. This ordinance is hereby declared to be urgent for the preservation of the peace, health and comfort of the people of Peters Township and shall take effect and be in force immediately after its passage. ENACTED AND ORDAINED this 26thday of December , 1986. BOARD OF SUPERVISORS OF PETERS TOWNSHIP By John C. Brake ATTEST: Chairman Galen K. Heckman Joseph S. Rotz Secretary Vice Chairman ORDINANCE NO. 12B-86 IMPOSING SEWER RENTALS OR CHARGES FOR THE USE OF THE SEWERS OR SEWER SYSTEM IN THE UPTON DISTRICT SEWER SYSTEM, PETERS TOWNSHIP, FRANKLIN COUNTY, PENNSYLVANIA, UPON THE OWNERS OF PROPERTY SERVED, OR TO BE SERVED, BY SUCH SEWERS OR SEWER SYSTEM: IMPOSING SUCH CONNECTION CHARGES: PROVIDING FOR THE COLLECTION THEREOF AND THE FILING OF LIENS THEREFOR, AND PROVIDING FOR RULES AND REGULATIONS. The Board of Supervisors of the Township of Peters, Franklin County, Penns- ylvania, hereby enacts and ordains as follows: SECTION 1. Definitions: a. "Township" shall mean Peters Township, Franklin County, Pennsylvania. b. "Board of Supervisors" shall mean the group of elected officials acting as the governing body of the Township. 223 c. "Sewer System" shall mean all facilities for collecting, treating and dis- posing of sewage in the Upton District Sewer System as limited and describ- ed on plans of said system made by Davis, Renn, & Schrader, Inca February 13th, 1986 through March 18th, 1986, on Sheets 1 through 6 and recorded in Franklin County Plan Book Vol. 288C, beginning at page 1126. d. "Sewage" shall mean the water carried wastes from residences, business buildings, institutions and industrial establishments. e. "Sanitary Sewer" shall mean a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted. f. "Sewage Treatment Works" shall mean an arrangement of devices and structures used for treating and disposing of sewage. g. "Domestic Sewage" shall mean the normal water carried household and toilet wastes from residences, business buildings, institutions and industrial establishments. h. "Industrial Establishment" shall mean any property used wholly or in part for the manufacturing, fabrication, processing, cleaning, laundering or assembly of any product, commodity or article. i. " Industrial Wastes" shall mean the liquid wastes from industrial processes as distinct from domestic sewage. j . "Water Company" means Bear Valley, Franklin County, Pennsylvania Joint Authority, its successors and assigns. k. "Person" shall mean any individual, firm, company, association, society, corporation or group. SECTION 2. Imposition of Connection Charge There is hereby imposed upon all owners of property not connected to the Upton District Sewer System on the effective date of this ordinance, but connected to the System after the effective date of this ordinance a connection charge in the amount of $1,200.00. SECTION 3. Imposition of Sewer Rent or Charge There is hereby imposed upon each property located within the limits of the Upton District Sewer System served by the Sewer. System and having the use thereof, a monthly sewer rent or charge payable as hereinafter set forth. SECTION 4. Rates for Domestic Sewage Flat rate: all persons owning property connecting to the Sewer System shall pay a monthly rental for sanitary sewage services based on the following classif- ications and amounts: (1) Residental For each single dwelling, one connection, the sum of $18.00 For each double dwelling, one connection, the sum of $36.00 For each additional dwelling unit over two,under the same roof, one connection, the sum of $18.00 For each industrial establishment, each hotel, or other commercial consumer, one connection, the sum of $18.00 924 For each Church and each school building, one connection, the sum of $18.00 The rates for persons owning property connected to the sewer system and served with metered water service by the Water Company, shall at the option of the Township pay a rental for sanitary sewer service based on the amount of water used through the use of water meters installed and maintained by the Water Compa- ny, provided, however, that such rates shall not be put into effect until establ- ished by an ordinance setting such rates. SECTION 5. Detrimental Wastes The Township reserves the right to refuse connection to the sewer system or to compel discontinuance of use of any sewer or to compel pretreatment of industrial wastes by any industrial establishment in order to prevent discharges to the sewer deemed to be harmful to the sewer system or sewage treatment plant, or to have a deleterious effect on the sewage treatment or sludge handling pro- cesses. SECTION 6. Required Equipment Prior to connection to the sewer system, the property owner approved for such connection shall install a septic tank meeting the specifications of the Township, together with such pumps, electrical installations and other equipment as may be required in order to deliver the sewage into the Township system. Such installations shall meet the specifications of the Township and shall be inspected by persons designated by the Township prior to covering the same. SECTION 7. Time and Methods of. Payment The above connection fees shall be payable upon application for permit to make such connection. Sewer rentals or charges shall be paid monthly and monthly billings for sewer rental shall be made by bills issued monthly. Such payments shall be due and payable on each of their respective dates. SECTION 8. Penalties Delinquent Sewer Rentals and Liens Monthly charges for sewer service shall be subject to ten percent (10%) penalty if not paid within thirty (30) days after they are due. If not paid within sixty (60) days after becoming due, the bill plus penalty shall bear interest at the rate of one-half percent (1/27,) per month or fraction thereof until paid, and the Township shall have the right to cut off sewer service from the delinquent premises and not to restore the same until all delinquent bills against the same and the cost of cutting off and restoring service'shall have been paid. All persons connected to the sewer system must give the Township their correct address. Failure to receive bills will not be considered an excuse for nonpayment nor permit an extension of the period during which bills are payable at face. All sewer rentals, together with all penalties thereon, not paid on or before the end of one (1) year from the date of each bill shall be deemed to be delinquent. All delinquent sewer rentals and all penalties thereof shall be a lien on the property served and shall be entered as lien against such property in the Office of the Prothonotary of Franklin County and shall be collected in the manner provided by the law for the filing and collection of such liens. 2�5 SECTION 9. Segregation of Sewer Revenues The funds received by the Township from the collection of the connection charges or from sewer rentals and all penalties thereon as herein provided for and any fines collected by the Township in connection with the sewer system shall be segregated and kept separate and apart from all other funds of the Township and shall be used only for the purpose of defraying the expenses of the Township in the operation, maintenance, repair, alteration, inspection, depreciation or other expenses in relation to such sewer system. SECTION 10. Service During Portion of Quarter Whenever sewer service to any property begins after the first day or temi- nates before the last day of the regular billing period, the sewer rental for such period shall be a pro-rata amount of that portion of the period during which said property is served. SECTION 11. Rules and Regulations The Township reserves the right to, and may from time to time, adopt, revise, amend and readopt such rules and regulations as it deems necessary and proper for the use and operation of the sewer system, and all such rules and regulations shall be and become a part of this ordinance. SECTION 12. Effective Date This ordinance and any rules and regulations hereunder shall become effect- ive at once and shall be applicable, on and after January 2nd, 1987, to the prop- erties in the Township as soon as they respectively become connected with and have the right to use a usable portion of the sewer system. Township reserves the right to make such changes from time to time as in its opinion may be desireable or bene- ficial, and to amend this ordinance or to change the rates or charges in such manner and at such times as in it opinion may be advisable. SECTION 13. Construction and Severability If any of the provisions, sections, sentences, clauses or parts of this ordinance or the application of any provision hereof shall be held invalid, such invalidity, shall not affect of impair any of the remainder of this ordinance, it being the intention of the Township that such remainder shall be and remain in full force and effect. ENACTED AND ORDAINED this 26th day of December, 1986. BOARD OF SUPERVISORS OF PETERS SUPERVISORS ATTEST: By John C. Brake, Chairman Galen K. Heckman, Secretary Joseph S. Rotz, Vice-Chairman 226 ORDINANCE 12C-86 AN ORDINANCE AMENDING THE ORDINANCE ESTABLISHING THE OFFICE OF SEWAGE FACILITIES INSPECTION OFFICER FOR PETERS TOWNSHIP, FRANKLIN COUNTY, PENNSYLVANIA, PASSED JUNE 30, 1967. Be it enacted and ordained by the Board of Supervisors of the Township of Peters, County of Franklin, Commonwealth of Pennsylvania, and it is hereby enacted and ordained as follows: That the Ordinance entitled"An Ordinance Establishing The Office of Sewage Facilities Inspection Officer For Peters Township, Franklin County, Pennsylvania, Defining The Duties of Such Officer, And Providing For Fees To Be Charged And For The Compensation of Said Officer" passed June 30, 1967, amended January 26, 1968, July 31, 1970, December 29, 1977, March 28, 1980, and April 29, 1983, is hereby amended to read as follows: "Section 2 - All applications in said Township of Peters for a permit to install any individual or community sewage disposal system or to construct any building in which an individual or community sewage disposal system is to be in- stalled shall be filed with the Township of Peters at the Township Building in Lemasters, Pennsylvania. At the time of making the written application for any permit herein provided, the applicants shall pay to the Township of Peters the sum of FORTY ($40.00) DOLLARS, and the failure to pay such fee shall be just cause for denying or revoking the permit, as the case may be. A permit shall be required for any installation made in the Township regardless of the nature or classification of the real estate or system." "Section 3 - The Peters Township Board of Supervisors shall appoint a sew- age facilities inspection officer as its authorized representative or agent who shall issue or deny such permit or may revoke any such permit for cause, and shall make all necessary inspections of the subject sewage disposal system. The sewage facilities inspection officer shall receive such fees as the Township of Peters shall determine for the performance of the duties of his office and for payment of all expenses in connection with said office." This amendment shall become effective five (5) days after adoption. Passed this 26th day of December, nineteen hundred and eighty-six (1986). PETERS TOWNSHIP BOARD OF SUPERVISORS ATTEST: John C. Brake, Chairman Joseph S. Rotz, Vice-Chairman Galen K. Heckman, Secretary 265 ORDINANCE 11-A-88 AN ORDINANCE AMENDING THE ORDINANCE ESTABLISHING THE OFFICE OF SEWAGE FACILITIES INSPECTION OFFICER FOR PETERS TOWNSHIP, FRANKLIN COUNTY, PENNSYLVANIA, PASSED JUNE 30, 1967 Be it enacted and ordained by the Board of Supervisors of the Township of Peters, County of Franklin, Commonwealth of Pennsylvania, and it is hereby enacted and ordained as follows: That the Ordinance entitled "An Ordinance Establishing The Office of Sewage Facilities Inspection Officer For Peters Township, Franklin County, Pennsylvania, Defining The Duties of Such Officer, And Provid- ing For Fees To Be Charged And For The Compensation of Said Officer" passed June 30, 1967, and amended January 26, 1968, July 31, 1970, Dec- ember 29, 1977, March 28, 1980, April 29, 1983 and December 26, 1986, is hereby amended to read as follows: "Section 2 - All applications in said Township of Peters for a permit to install any individual or community sewage disposal system or to construct any building in which an individual or community sewage dis- posal system is to be installed shall be filed with the Township of Peters at the Township Building in Lemasters, Pennsylvania. At the time of making the written application for any permit herein provided, the applicants shall pay to the Township of Peters the sum of SEVENTY ($70.00) DOLLARS, and the failure to pay such fee shall be just cause for denying or revoking the permit, as the case may be. A permit shall be required for any installation made in the Township regardless of the nature of classification of the real estate or system." "Section 3 - The Peters Township Board of Supervisors shall appoint a sewage facilities inspection officer as its authorized representative or agent who shall issue or deny such permit or may revoke any such permit for cause, and shall make all necessary inspections of the sub- ject sewage disposal system. The sewage facilities inspection officer shall receive such fees as the Township of Peters shall determine for the performance of the duties of his office and for payment of all expenses in connection with said office." This amendment shall become effective five (5) days after adoption. Passed this 25th day of November, nineteen hundred and eighty-eight (1988). PETERS TOWNSHIP BOARD OF SUPERVISORS John C. Brake, Chairman Joseph S. Rotz, Vice-Chairman ATTEST: Galen K. Heckman, Secretary 270 RESOLUTION 12-E-88 STREET LIGHT COSTS Resolution 12-E-88 be passed fixing cost of street lighting in Fort Loudon per front foot (Improved-36c and Unimproved - 9G), Upton at 35G per front foot (improved) and 90 for (unimproved), further fixing costs of Markes Street Lighting at l0G per front foot for (improved) and 2G per front foot for (unimproved) properties. Lemasters Street Lighting will be fixed at $30.00 per improved property and $7.50 per unimproved property. RESOLUTION 12-F-88 FACILITY PLAN BE IT RESOLVED, The Board of Township Supervisors of Peters Township hereby accept the recommendation contained in the final Facility Plan - Project C-421358-01, dated May, 1988 for providing public sewer service to the specified planning area and hereby authorize Davis, Renn, and Associates, Consulting Engineers, to submit the final Facility Plan to the Pennsylvan- ia Department of Environmental Resources. JOHN C. BRAKE, Chairman SEAL JOSEPH S. ROTZ, Vice Chairman ATTEST: Galen K. Heckman, Secrectary ORDINANCE 12-A-88 ORDAINING ROCKWELL LANE AN ORDINANCE FOR THE TOWNSHIP OF PETERS, FRANKLIN COUNTY, PENNSYLVANIA, ORDAINING A TOWNSHIP ROAD KNOWN AS ROCKWELL LANE IN PETERS TOWNSHIP, FRANKLIN COUNTY, PENNSYLVANIA. WHEREAS, by a subdivision dated April 17th, 1985, approved by the Franklin County Planning Commission April 19th, 1985, by the Peters Township Plan- ning Commission April 22nd, 1985, approved by the Supervisors of Peters Township April 26th, 1985, and recorded in Franklin County Plan Book Vol. 288C, Page 909, Part I through IV. J. Elwood Rockwell and Ruth Ann Rock- well did dedicate to public use a roadway in Peters Township, Franklin County, Pennsylvania, to be known as Rockwell Lane, the said street being shown on the plan above referred to: AND WHEREAS, the said J. Elwood Rockwell and Ruth Ann Rockwell have caused the said street to be brought to grade, built and paved; AND WHEREAS, the Board of Supervisors of Peters Township is of the opinion that the establishment of such road or street as a Township Road would facilitate transportation, the movement of school buses and better provide for the needs of the residents of the township; 7 RESOLUTION 2-A-89 REFERENDUM ON THE QUESTION OF ISSUANCE OF LICENSES TO CONDUCT SMALL GAMES OF CHANCE RESOLUTION FOR LOCAL OPTION REFERENDUM ON THE QUESTION OF ISSUANCE OF LICENSES TO CONDUCT SMALL GAMES OF CHANCE IN THE TOWNSHIP OF PETERS, FRANKLIN COUNTY, COMMONWEALTH OF PENNSYLVANIA TO: Franklin County Board of Elections Franklin County, Pennsylvania BE IT RESOLVED that we PETERS. TOWNSHIP BOARD OF SUPERVISORS respectfully request the Franklin County Board of Elections for a referendum on the question of the issuance of Licenses to Conduct Small Games of Chance in said TOWNSHIP OF PETERS as provided by the Act 156, SB 75, PN 2528, signed December 19, 1988, by submit- ting the question set forth below to the electors of said PETERS TOWNSHIP, at the Municipal Primary next ensuring, which will be held on the third Tuesday of May, to wit: May 16, 1989, which question shall be in the fol lowing form: DO YOU FAVOR THE ISSUANCE OF LICENSES TO CONDUCT SMALL GAMES OF CHANCE IN PETERS TOWNSHIP, YES COUNTY OF FRANKLIN, COMMONWEALTH OF PENNSYLVANIA NO JOHN C. BRAKE, CHAIRMAN PETERS TOWNSHIP SUPERVISORS 2/24/89 ATTEST GALEN K. HECKMAN, SECRETARY SEAL 'RESOLUTION 3-A-89 ACCEPT THE RECOMMENDATIONS IN THE FINAL 201 FACILITY PLAN/ACT 537 PLAN BE IT RESOLVED, The Board of Township Supervisors of Peters Township hereby accept the recommendations contained in the Final 201 Facility Plan/Act 537 Plan - Pro- ject C-421358-01, dated May, 1988 for providing public sewer service to the speci- fied planning area and hereby authorize Davis, Renn and Associates, Inc. Consult- ing Engineers, to submit the Final Facility Plan/Act 537 Plan to the Pennsylvania Department of Environmental Resources. John C. Brake, Chairman SEAL Joseph S. Rotz, Vice-Chairman ATTEST: Galen K, Heckman, Secretary • 278 2. The said Resolution was duly and regularly adopted by the Board of Supervisors on the 28th day of April, 1989 and approved by the President of the Board on the 28th day of April, 1989. 3. The said Resolution, and the Agreement authorized by it, were posted in at least eight conspicuous places in the Township on the 4th day of May, 1989. 4. On May 3, 1989 said ?'Resolution was duly and regularly recorded in the Resolution Book of the Township on pages 277. All of the above was done in accordance with the Statutes in such cases made and provided. SEAL Galen K. Heckman, Secretary Dated at Peters Township this 28th day of April, 1989. ORDINANCE 8-89 An Ordinance adopting a fee schedule for administration of the Sewerage Facilities Act (ACT 537) in Peters Township, Franklin County, Pennsylvania. Be it ordained by the Supervisors of Peters Township that the fee schedule for the administration of the Pennsylvania Sewerage Facilities (ACT 537) be adopted as follows: I. Application Fee for all new Systems $60.00 A. The initial application fee shall cover all costs of initiating the paperwork associated with the application, the site evalua- tion, examination and evaluation of a maximum of two (2) deep pit excavation, and the preparation of the forms associated with the examination of the deep pit (s). B. All costs and liability associated with excavation and backfill of the deep pit (s) shall be the responsibility of the Applicant. No fee C. Any evaluation requiring additional field investigations beyond the initial visits to the site stipulated above will require the following fees: (1) For each additional visit to the site $20.00 (2) For each additional test pit over two $15.00 II. Percolation Test $90.00 A. The $ 90.00 fee associated with this portion of the application covers the cost of performing and/or witnessing the performance of the presoaking of the percolation test holes, and the perfor- mance and/or witnessing the performance of the percolation test which shall be limited to one complete test on six (6) holes. If additional percolation tests shall be required, this fee shall be repeated for each additional test. B. The cost associated with the excavation of the percolation test holes and the providing of water for pre-soaking and performance of, shall be by the applicant. The applicant shall also provide sufficient gravel for covering the bottom of the percolation test AW holes. C. The $ 90.00 fee shall also include the cost of completing the appropriate test report:; farms. stipulated by PA D.E.R. III. Permit Fee for all single family residents utilizing a conventional system This includes final inspection of the system (one trip) $30.00 IV. Permit fee for holding tanks $70.00 Whenever an applicant makes an initial request for the issuance of a permit utilizing a holding tank and such application does not involve any of the investigative and design review expenses associated with an implied by Steps I through IV of this Section, the permit fee shall be twenty dollars ($20.00) for issuance and final inspection. NOTE: (If additional trips to the site are required for inspection over that indicated, the cost per trip will be $20.00). VI. Permit Fee for all multi-family, commercial, institutional or other applica- tions will be based on the size of the sub-surface disposal system. CONVENTIONAL SYSTEM (a) 150 sq. ft. to 1000 sq. ft $ 30.00 (b) 1000 sq. ft. to 2500 sq. ft $ 50.00 (c) 2500 sq. ft. to 5000 sq. ft $100.00 (d) 5000 sq. ft. to 10,000 sq. ft $150.00 LOW PRESSURE SYSTEM (a) 150 sq. ft. to 1000 sq. ft $ 70.00 CO 1000 sq. ft. to 2500 sq. ft $100.00 (c) 2500 sq. ft. to 5000 sq. ft $160.00 (d) 5000 sq. ft. to 10,000 sq. ft $250.00 Any disposal area size over 10,000 sq. ft. will require fees commensurate with work performed as determined by the municipality. VII. Inspection Fees - The cost of final inspection is included in the permit fee. If the system is not ready for inspection when notified, or corrections must be made, a fee of $20.00 will be charged for each additional trip to the site. VIII. Transfer of application and/or renewal of permit for Conventional System. $ 50.00 Transfer of application and/or renewal of permit for Low Pressure System. $ 50.00 IX. Any applicant having an existing subsurface system that has been determined to be malfunctioning, and if in th opinion of the Sewerage Enforcement Offi- cer, deep pit examinations are required as part of the malfunction correction- ing process, and if correction of the malfunction involves modification of the existing subsurface system to the degree of involving the application of new testing procedures, design, etc. then the appropriate fee schedules pro- vided herein shall be applicable. X. Fee for module review and related services will be billed as the actual cost of the Sewage Enforcement Officer's services including personnel under the supervision of the Sewerage Enforcement Officer, and due prior to Subdivision Approval and permit issuance. 1b4 T. 408 Mill Street T. 342 Rabbit Rd. T. 409 Mullen Street T. 333 Renninger-Rd. T. 430-431-432 Oakwood Drive T. 341 Skyhi Rd. T. 328 Oellig Rd. T. 411 Timber Lane T. 420-421-422 Orchard Circle T. 416 Woodcove Rd. T. 429 Patton Rd. T. 338 Woods Rd. STATE ROADS L.R. 29045 Aughwick Rd. L.R. 28090 Main St.-Loudon L.R. 28091 Bear Valley Route 416 Mercersburg Rd. Route 16 Buchanan Trail West L.R. 28051 Mountain Rd. L.R. 28037 Church Hill Rd. L.R. 28084 Orchard Rd. Pa. 456 Cove Rd.. L.R. 28037 Parnell Drive L.R. 28083 Etter Avenue Route 75 Path Valley Rd.. Route 75 Ft. Loudon Rd. L.R. 28082 Rockdale Rd. L.R. 28065 Kings Lane L.R. 28037 Steele Avenue L.R. 28002 Lerner Rd. L.R. 28065 Stitzells Rd.. U.S. 30 Lincoln Way West 224 Stoney Batter L.R. 28047 Letzburg Rd. L.R. 28004 Warm Spring Rd. HOLDING TANK ORDINANCE 5-78 May 26, 1978 BE IT ENACTED AND (RDIANED BY the Board of Supervisors of Peters Township, Franklin County, Pennsylvania, and it is hereby enacted and ordained as follows: Section 1. Purpose. The purpose of this Ordinance is to establish proced- ures for the use and maintenance of holding tanks designed to receive and retain sewage whether from residential or commercial uses and it is hereby declared that the enactment of this Ordinance is necessary for the protectia3 benefit and preservation of the health, safety and welfare of the inhabitants of this Township. Section 2. Definitions. Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this Ordinance shall be as follows A. "Sewage Facilities Inspection Officer" shall mean such representative or agent of the Township appointed by the Supervisors pursuant to Ordinance No. 12-77 of Peters Township, Franklin County, Pennsylvania. B. "Holding Tank" means a watertight receptacle which receives and retains sewage and is designed and constructed to facilitate ultimate disposal of the sewage at another site. Holding tanks include but are not limited to the following: 1 . "Chemical Toilet" which is a toilet using chemicals that discharge to a holding tank. 105 2. "Retention Tank" .which is a holding tank where sewage is conveyed: to it by a water. carrying system. 3. "Vault Pit Privy" which is a holding tank designed to receive sewage where water under pressure is not available. C. "Improved Property" shall mean any property within the Township upon which there is erected an existing structure intended for continuous habitation, occupancy or use by human being or commercial use where sewage facilities are required. D. "Owner" shall mean any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township. E. "Person" shall mean any individual, partnership, company, association, corporation or other group entity. F. "Sewage" shall mean any substance that contains any of the waste prodz cts or excrement or other discharge from the bodies of human beings or animals any any noxious or deleterious substifide being harmful or inimical to the public health, or to animal or aquatic life or to the use of water for domestic water supply or for recreation. G. "Township" shall mean Peters Township, Franklin County, Pennsylvania. Section 3. Rights and privileges granted. That the Supervisors are hereby authorized and empowered to undertake within the Township the control and methods of holding tank sewage disposal and the collection and transportation thereof. Section 4. Rules and Regulations. That the Supervisors are hereby author- ized and empowered to adopt such rules and regulations concerning sewage which it may deem necessary from time to time to effect the purpose herein. Section 5. Rules and Regulations to be in Conformity with Applicable Law. All such rules and regulations adopted by the Supervisors shall be in conformity with,the provisions herein, all applicable laws and applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania. Section 6. Rates and Charges. The Supervisors shall have the right and power to fix, alter, charge and collect rates, assessments, and other charges in the area served by its facilities at reasonable and uniform rates as authorized by applicable law. Section 74 Exclusiveness of Rights and Privileges. The collection and trans- portation of all sewage from any improved property utilizing a holding tank shall be done only under the direction and control and pursuant to regula- tions adopted by the Supervisors. Section 8. Duties of Improved Property Owner. The Owner of an improved property that utilizes a holding tank shall: (a) Maintain the holding tank in conformance with this or any Ordinance of this Township, the provisions of any applicable law, and the rules and regulations of the Supervisors and any administrative agency of the Commonwealth of Pennsylvania. l(iti (b) Permit only a person approved by the Supervisors to collect, transport and dispose of the contents therein. Section 9. Area. No permits for the construction, operation or maintenance of a holding tank shall be issued except in those areas of the Township Which are-adjacent to and not more than two hundred (200) feet from a proposed sewage line which is a main transmission line and which has been approved by the Township and the Department of Environmental Resources for construction and is shown on an official plan. Section 10. Violations. Any person violating any provision of this ordinance, shall upon summary conviction be subject to a fine not to exceed $300.00 and upon default of payment to imprisonment not to exceed 30 days. Section 11. Abatement of Nuisances. In addition to any other remedies provided in this Ordinance, any violation.of Section 8 above shall constitute a nuisance and may be abated by the municipality or the Supervisors by either seeking appropriate equitable or legal relief from a court of competent juris- diction. Section 12. Repeal. All Ordinances or resolutions or parts of Ordinances or resolutions, insofar as they are inconsistent herewith, be and the same are.. hereby repealed. Section 13. Severability. If any sentence, clause, section or part of this Ordinance is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts or this Ordinance. It is hereby declared as the intent of the Board of Super- visors of the Township that this Ordinance would have been adopted had such constitutional, illegal or invalid sentence, clause, section or part thereof not been included therein. Section 14. Effective Date. This Ordinance shall become effective five (5) days after its adoption. Enacted and Ordained into an Ordinance this 26th day of May, A.D. 1978, by the Board of Supervisors of the Township of Peters, in lawful session duly assembled. BOARD OF SUPERVISORS OF THE TOWNSHIP OF Pirr.KS TOWNSHIP, FRANKLIN COUNTY, PENNSYLVANIA SEAL LESTER R. GEHR JOHN C. BRAKE GALEN K. HECKMAN 172 ORDINANCE 3-80 March 28, 1980 AN ORDINANCE AMENDING THE ORDINANCE ESTABLISHING THE OrrICE OF SEWAGE FACILITIES INSPECTION OFFICER FOR PETERS TOWNSHIP, FRANKLIN COUNTY, PENNSYLVANIA, PASSED JUNE 30, 1967 Be it enacted and ordained by the Board of Supervisors of the Township of Peters, County of Franklin, Commonwealth of Pennsylvania, and it is hereby enacted and ordained as follows: That the Ordinance entitled "An Ordinance Establishing The Office of Sewage Facilities Inspection Officer for Peters Township, Franklin County, Pennsylvania, Defining the Duties of Such Officer, and Providing For Fees To Be Charged and For The Compensation of Said Officer" passed June 30, 1967, and amended January 26, 1968, and July 31, 1970, and December 29, 1977, is hereby amended to read as follows: "Section 3 - At the time of meking the written application for any permit herein provided, the applicant shall pay to the sewage inspection officer the sum of Twenty-Five ($25.00) Dollars, and the failure to pay such fee shall be just cause for denying or revoking the permit, as the case may be. A permit shall be required for any installation made in the Township regardless of the nature or classification of the real estate or system." Passed this 28th day of March, A.D. , nineteen hundred and eighty (1980). LESTER R. GEHR President SEAL ATTEST: Galen K. Heckman Secretary 209 WHEREAS , provisions of Act 179 for the year 1984, designates an entitlement to the Township of Peters in the amount of $99 , 824 . 86 , and WHEREAS , provisions in said Act, grant opportunity to request multi- year funding to make a project viable, this being the only method by which this project can become a reality , and WHEREAS , prov isions of said Act are to benefit the low-moderate in- come, and this particular community does meet this criteria , and said residents of the Upton Community are desirous of a better health environment ; NOW THEREFORE BE IT RESOLVED, that the Peters Township Board of Super- visors pass the aforementioned resolution, the date and year afore- said . PETERS TOWNSHIP BOARD OF SUPERVISORS ATTEST John C. Brake , Chairman Joseph S . Rotz , ViceChairman Thomas B . Steiger , Sr . Galen K. Heckman, Secretary Solicitor ORDINANCE 4 -83 — AN ORDINANCE AMENDING THE ORDINANCE ESTABLISHING THE OFFICE OF SEWAGE FACILITIES INSPECTION OFFICER FOR PETERS TOWNSHIP, FRANKLIN COUNTy, PENNSYLVANIA, PASSED JUNE 30 , 1967 Be it enacted and ordained by the Board of Supervisors of the Township of Peters , County of Franklin, Commonwealth of Pennsylvania , and it is hereby enacted and ordained as follows : That the Ordinance entitled "An Ordinance Establishing The Office of Sewage Facilities Inspection Officer for Peters Township, Franklin County , Pennsylvania , Defining The Duties of Such Officer , And Providing For Fees To Be Charged And For The Compensation of Said Officer" passed June 30 , 1967 , and amended January 26 , 1968 , July 31 , 1970 , December 29 , 1977 and March 28th, 1980 , is hereby amended to read as follows : "Section 3 - At the time of making the written application for any permit herein provided , the applicant shall pay to the sewage in- spection officer the sum of Forty ( $40 . 00 ) Dollars , and the failure to pay such fee shall be just cause for denying or revoking the per- mit , as the case may be . A permit shall be required for any install- ation made in the Township regardless of the nature of classification of the real estate or system. " Passed this 29th day of April , A.D. , nineteen hundred and eighty-three ( 1983 ) John C. Brake , President Attest : Galen K. Heckman, Sec . Joseph S . Rotz , Vice President 210 AUTHORIZED OFFICIALS RESOLUTION Be it RESOLVED, that the PETERS TOWNSHIP BOARD OF SUPERVISORS OF FRANKLIN COUNTY hereby requests a Community Facilities grant of $50 , 000 . 00 from the Department of Commerce of the Commonwealth of Pennsylvania to be used for assisting with costs of installation of sewerage collection system in the Village of Upton, Pennsylvania . Be it FURTHER RESOLVED, that the PETERS TOWNSHIP BOARD OF SUPERVISORS designated Galen K. Heckman, Secretary-Treasurer as the official to execute all documents and agreements between the PETERS TOWNSHIP BOARD OF SUPERVISORS and the Pennsylvania Department of Commerce to facilitate and assist in obtaining the requested grant . Be it FURTHER RESOLVED, that the PETERS TOWNSHIP BOARD OF SUPERVISORS hereby irrevocably pledge the required matching share of $50 , 000 . 00 toward fulfillment of the Community Facilities Project grant . I , Galen K. Heckman, duly qualified Secretary of the PETERS TOWNSHIP BOARD OF SUPERVISORS , Franklin County, Pennsylvania, hereby certify that the foregoing is a true and correct copy of a Resolution duly adopted by a majority vote of the PETERS TOWNSHIP BOARD OF SUPERVI- VISORS at a regular meeting held April 26 , 1985 and said Resolution has been recorded in the Minutes of the PETERS TOWNSHIP BOARD OF SUPERVISORS and remains in effect as of this date . IN WITNESS THEREOF , I affix my hand and attach the seal of the PETERS TOWNSHIP BOARD OF SUPERVISORS , this 26th day of April , 1985 . SEAL PETERS TOWNSHIP BOARD OF SUPERVISORS FRANKLIN COUNTY GALEN K. HECKMAN, SECRETARY GRANT OFFER ACCEPTANCE RESOLUTION RESOLVED, that the Peters Township Board of Supervisors of Franklin County, PA. , hereby accepts the Community Facilities grant of $50 , 000 . 00 from the Pennsylvania Department of Commerce to be used for Sewerage Collection and Treatment System for Village of Upton, PA. and agrees to all the conditions and restrictions , if any, placed on this grant by the Department of Commerce and will upon request of the Department furnish all data , reports , contracts , documents , and other information relevant to the project, as may be requested . FURTHER RESOLVED, that the Peters Township Board of Supervisors does hereby designate Galen K. Heckman, Secretary/Treasurer as the official to execute and file all grant agreements , documents and forms between the Peters Township Board of Supervisors and the Pennsylvania Department of Commerce , Commonwealth of Pennsylvania to facilitate and assist in obtaining the requested grant. FURTHER RESOLVED, that a separate project account will be establ- Vrr Aho AL ished in which the Community Facilities funds will be deposited in the Valley Bank and Trust Company for reasons of auditing . I , Galen K. Heckman duly qualifed Secretary of the Peters Township Board of Supervisors, Franklin, Pa . hereby certify that the fore- - - going is a true and correct copy of a Resolution duly adopted by a majority vote of the Peters Township Board of Supervisors at a re- gular meeting held August 6 , 1985 and said Resolution has been re- corded in the Minutes of the Peters Township Board of Supervisors and remains in effect as of this date . IN WITNESS WHEREOF , I affix my hand and attach the seal of the Peters Township Board of Supervisors this sixth day of August, 1985 . PETERS TOWNSHIP BOARD OF SUPERVISORS Franklin County , PA SEAL Galen K. Heckman, Secretary RESOLUTION FOR PLAN REVISION 10-85 RESOLUTION OF THE SUPERVISORS OF PETERS TOWNSHIP, FRANKLIN COUNTY, PENNSYLVANIA (hereinafter "the Municipality") WHEREAS Section 5 of the Act of January 24, 1966, P.L. 1535, No. 537, known as the"Pennsylvania Sewerage Facilities Act", as Amended, and the Rules and Regulations of the Pennsylvania Department of Environmental Resources (Depart- ment) adopted thereunder, Chapter 71 of Title 25 of the Pennsylvania Code, require the municipality to adopt an Official Sewerage Facilities Plan providing for sewage services adequate to prevent contamination of waters and/or environmental health hazards with sewage wastes, and to revise said plan whenever it is necess- ary to determine whether a proposed method of sewage disposal for a new develop- ment conforms to a comprehensive program of pollution control and water quality management, and WHEREAS the Township of Peters has proposed the installation of a sewage project identified as The Upton Sewage Project, and described in the attached Planning Module for Land Development, and proposes that such village be served by The Peters Township Sewage Systems, and WHEREAS, the Township of Peters finds that the proposed Upton Sewage Plan described in the attached Planning Module for Land Development conforms to applicable zoning, subdivison, other municipal ordinances and plans, and to a comprehensive program of pollution control and water quality management, NOW, THEREFORE, BE IT RESOLVED that the Supervisors of Township of Peters hereby adopt and submit to the Department of Environmental Resources for its approval as a revision to the "Official Plan" of the municipality the above referenced Planning Module for Land Development which is attached hereto. The municipality hereby assures the Department of the complete and timely implementa- tion of the said plan as required by law. (Section 5, Pennsylvania Sewage Faci- lities Act as amended) 212 I GALEN K. HECKMAN, Secretary, of the Peters Township Board of Supervisors, hereby certify that the foregoing is a true copy of the Township Resolution #10-85, adopted October 25, 1985. SEAL OF THE TOWNSHIP -- RESOLUTION This Resolution is presented to Leon J. Alleman, by the PETERS TOWN- SHIP BOARD OF SUPERVISORS for thirty years of service, as auditor of Peters Township ; AND WHEREAS, this mandated office is an important function of local government , it is with grateful appreciation that we recognize that Leon gave of himself willingly to fulfill this service and it is with thanks , that this be publicly expressed ; AND WHEREAS, that we the undersigned members of the Peters Township Board of Supervisors do hereby pass this Resolution on this 29th Day of November , 1985 and the same is hereby recorded in the minutes of said Board . PETERS TOWNSHIP BOARD OF SUPERVISORS John C . Brake Joseph S . Rotz Galen K. Heckman RESOLUTION 12-A-85 A Resolution of the Township of Peters. A Resolution of the Supervisors of Peters Township in the County of Franklin, Commonwealth of Pennsylvania, appro- priating specific sums estimated to be required for the specific purposes of the municipal governement, hereinafter set forth, during the year 1986 and adopt- ing 1986 budget. Be it resolved and enacted, and it is hereby resolved and enacted by the Board of Township Supervisors of the Township of Peters, County of Franklin, Common- wealth of Pennsylvania: SECTION: 1: That for the expenditures and expenses of the fiscal year 1986 the following amounts are hereby appropriated from the fund equities, revenues, and other financing sources available for the year 1986 for the specific purposes set forth as follows: Total all funds assets equity $155,937 Revenues and other financing sources 306,061 Total available for appropriation $461,998 Expenditures: All Funds $448,281 Unappropriated 13,717 Total $461,998 215 true and correct copy of a resolution adopted by the Peters Township Board of Supervisors at a Regular Public Township Meeting held February 28, 1986. RESOLUTION AUTHORIZATION FOR MARTIN AND MARTIN_: TO PREPARE APPLICATION TO D.C.A. April 25, 1986 Be it resolved that the Board of Supervisors of Peters Township authorize Martin and Martin, Incorporated to prepare an application to the Pennsylvania Department of Community Affairs for a total of Eighty-six thousand one hundred fifty-one dollars ( $86,151.00) of Community Development Block Grant Entitlement Funds for the Federal Fiscal year of 1985 and Sixty-seven thousand ninety-seven dollars ($67,097.00) of Community Development Block Grant Entitlement Funds for the Federal Fiscal year of 1986. Said funds to be utilized as follows: 1985 (Year 1) Total Grant $86,151.00 $76,151.00 To be expended in the completion of the Upton Sanitary Sewer System. $10,000.00 To defer Township costs in submitting the grant application and Project Administration. 1986 (Year 2) Total Grant $67,097.00 $57,097.00 To be extended in the completion of the Upton Sanitary Sewer System. $10,000.00 To defer Township costs in submitting the grant application and Project Administration. Be it further resolved that this Board is aware of the understandings and assur- ances contained in said application, and authorizes it's Secretary, Galen K. Heckman to act in connection with the application and to provide such additional information as may be required. RESOLUTION AUTHORIZATION FOR MARTIN AND MARTIN TO PREPARE APPLICATION TO D.C.A. APRIL 25, 1986 Be it resolved that the Board of Supervisors of Peters Township authorize Martin and Martin, Incorporated to prepare an application to the Pennsylvania Department of Community Affairs for a total of One hundred fifty-three thous- and two hundred forty-eight (153,248.00) of Community Development Block Grant Entitlement Funds for the Federal Fiscal years of 1985 and 1986. Said funds to be utilized as follows: 1985 (Year 1) Total Grant $86,151.00 $76,151.00 Completion of the Village of Upton Sanitary Sewage System. $10,000.00 To defer Township costs in submitting the grant application and Project Administration. 1986 (Year 2) Total Grant $ 67,097.00 $57,097.00 Completion of the Village of Upton Sanitary 216 Sewage System. $ 10,000.00 To defer Township costs in submitting the grant application and Project Administration. 1987 (Year 3) Total Grant $67,097.00 $57,097.00 Completion of the Village of Upton Sanitary Sewage System with an possible cost overviews. $10,000.00 To defer Township costs in submitting the grant application and Project Administration. Be it further resolved that this Board is aware of the understandings and assurances contained in said application, and aithorizes if,`ls Secretary, Galen Heckman to act in connection with the application and to provide such additional information as may be required. PUBLIC NOTICE Peters Township Board of Supervisors intend to formally authorize submission of it's final grant application for federal fiscal years 1985 and 1986 Comm- unity Development Block Grant Entitlement Funds. The said grant application contains the Township's Three Year Plan for the expenditure of said Community Development Block Grant Funds which is summar- ized as follows: 1985 (Year 1) Total Grant $86,151.00 $76,151.00 Completion of the Village of Upton Sanitary — Sewage System. $10,000.00 To defer Township costs in submitting the grant application and Project Administration. 1986 (Year 2) Total Grant $67,097.00 $57,097.00 Completion of the Village of Upton Sanitary Sewage System. $10,000.00 To defer Township costs in submitting the grant application and Project Administration. 1987 (Year 3) Total Grant $67,097.00 $57,097.00 Completion of the Village of Upton Sanitary Sewage System with an possible cost overviews $10,000.00 To defer Township costs in submitting the grant application and Project Administration. The formal authorization of the above summarized grant application will be made at a regular meeting of the Peters Township Board of Supervisors to be held at the Township Municipal Building at 7:30 eclock P.M. eastern standard time on April 25, 1986. —__ Additional citizen input concerning the proposed grant application is invited at the above indicated meeting. Signed Galen Heckman,Secretary Peters Township 217 FAIR HOUSING RESOLUTION LET IT BE KNOWN TO ALL PERSONS of the Peters Township Board of Supervisors that discrimination in the sale, rental, leasing, financing of housing or land to be used for construction of housing, or in the provision of brokerage services because of race, color, religion, ancestry, sex, national origin, handicap or disability is prohibited by Title VIII of the Civil Rights Act of 1986 (Federal Fair Housing Law) and the Pennsylvania Human Relations Act. It is the policy of the Peters Township Board of Supervisors to implement programs to ensure equal opportunity in housing for all persons regardless of race, color, religion, ances- try, sex, national origin, handicap or disability. Therefore, the Peters Township Board of Supervisors does hereby pass the following resolution. BE IT RESOLVED, that within available resources the Peters Township Board of Supervisors will assist all persons who feel they have been discriminated against because of race, color, religion, ancestry, sex, national origin, handi- cap or disability to seek equity under federal and state laws by filing a compla- int with the Pennsylvania Human Relations Commission and the U.S. Department of Housing and Urban Development. BE IT FURTHER RESOLVED, that the Peters Township Board of Supervisors shall publicize the Resolution and through this publicity shall cause owners of real estate, developers, and builders to become aware of their respective responsibil- ities and rights under the Federal Fair Housing Law, the Pennsylvania Human Rela- tions Act, and any local laws or ordinances. FURTHER PUBLICITY will at a minimum include, but not be limited to: (1) the printing and publicizing of this resolution and other applicable fair housing information through local media and community contacts; (2) distribution of posters flyers, and any other means which will bring to the attention of those affected, the knowledge of their respective responsibilities and rights concerning equal opportunity in housing. EFFECTIVE DATE: October 31, 1986 John C. Brake, Chairman Galen K. Heckman, Sec./Treas. Joseph S. Rotz, Vice-Chairman Supervisors of Peters Township ORDINANCE NO. 12A-86 OF THE TOWNSHIP OF PETERS, FRANKLIN COUNTY, PENNSYLVANIA REQUIRING THAT ALL OCCUPIED BUILDINGS IN THE UPTON SEWER DISTRICT, PETERS TOWNSHIP, FRANKLIN COUNTY, PENNSYLVANIA, BE CONNECTED WITH THE SANITARY SEWER COLLECTION SYSTEM: MAKING IT UNLAWFUL TO CONSTRUCT OR MAINTAIN PRIVIES, CESSPOOLS, SEPTIC TANKS, OR OTHER DEVICES FOR RECEIVING SEWAGE OR CONDUITS FOR THE DISCHARGE OF SEWAGE EXCEPT INTO THE SYSTEM: PROVIDING FOR RULES AND REGULATIONS REQUIRING PLUMBING PERMITS: AND PRESCRIBING PENALITIES. WHEREAS, The Township of Peters, Franklin County, Pennsylvania, in order to pro- mote and benefit the inhabitants of the Upton Sewer District, Peters Township, Frank- lin County, Pennsylvania, has begun construction of a system of sewers, drainage faci- lities, together with a sewerage collection system, sewage treatment plant and other pertinent facilities to serve the Village of Upton and surrounding areas, hereinafter 218 called the Upton District Sewer System; AND WHEREAS, pursuant to authority granted by the Second Class Township Code, Act of Assembly 1978, October 4, P.L. 993, No. 205, §1 as amended, 53 P.S. §66501, the Board of Supervisors of the Township of Peters deems it advisable and necessary for the public health to require adjacent and adjoining owners to connect with and use the Upton Sewer System; AND WHEREAS, the Board of Supervisors of Peters Township in order to promote the health, safety and welfare of the people and of the Township of Peters, and the purity of its water, deems it advisable to prohibit certain use or construc- tion of privies, privy vaults, septic tanks, cesspools or similar receptacles or facilities for receiving sewage or discharge of sewage within said Upton District in that such use encourages the spread of disease and impairs public health, and to require connections to be made to said Upton District Sewer System when const- ruction thereof has been completed by the Township; BE IT ENACTED AND ORDAINED by the Township of Peters, Franklin County, Penn- sylavania, and it is hereby enacted and ordained by the Authority of the same as follows: SECTION 1. Definitions: a. "Authority" means and refers to Peters Township, Municipal Authority, Frank- lin County, Pennsylvania, as presently or hereafter consituted, which has been created by said Township of Peters and to which has been referred by said Township the specific project of sewers. b. "Industrial Waste" means and refers to the liquid, gaseous or solid waste from industrial processes as distinct from domestic sewage. c. "Lateral" means and refers to that part of the Sewer System extending from a public main or street sewer to curb line or property line if there is no curb, and from thence to owner's septic tank, and where the main or street sewer line is laid under a sidewalk, the word "lateral" shall mean and ref- er to the "Y" connection from the main or street sewer line. d. "Occupied building" means and refers to any structure erected and intended for continuous or periodic habitation, occupancy or use by human beings and from which structure sewage and industrial waste, or either thereof, is or may be discharged. e. "Person" shall include individuals or natural persons, artifical persons ex- isting only in contemplation of law, and shall be construed to include asso- iations, partnerships, limited partnerships, joint stock companies and cor- porations. f. "Property accessible to the Sewer System" means and refers to real estate which adjoins, abuts on, or is adjacent to, the Sewer System. g. "Sewage" means and refers to the normal water carried household and toilet wastes from residences, business buildings, institutions and industrial establishments. h. "Township" means and refers to the Township of Peters, Franklin County, Pennsylvania, or the duly constituted and elected municipal authorities thereof. 219 i,. "Upton District Sewer System" means and refers to the sewage collection system- and treatment plant, together with the pertinent facilities being constructed in the Upton area as more particularly shown and defined on the plans made by Davis, Renn, & Shrader, Inc. February 13th, 1986 through March 18th, 1986, on Sheets 1 through 6 and recorded in Franklin County Plan Book Vol. 288C, beginning at page 1126, together with any improvements, additions or extensions that hereafter may be made thereto, or to any part or parts of any or all thereof, by the Township or its duly constituted Municipal Authority. SECTION 2. Whenever the Upton District Sewer System is completed and ready for public use, the Township of Peters shall cause notice of the fact to be given by advertisement published once in one newspaper of general circulation in the Township and such adver- tisement shall state that said sewer may be used by all property owners in the Upton District Sewer System subject to the payment of any connection charges and of sewer rentals as may from time to time be fixed by the Township of Peters. SECTION 3. a. The owner of any occupied building, or properties used for human occupancy, employment, recreation, or other purposes, situated within the Village of Upton Sanitary District and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer,is hereby required at his expense to install suitable toilet facilities therein, and shall connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within ninety (90) days after date of official notice to do so, provided that said public sewer is within five hundred (500) feet of the property line. b. All persons owning any property accessible to the Sewer System upon which a building is hereafter erected shall, at the time of the erection of such building and at their own expense, connect the same with the Sewer System. c. All persons owning any occupied building upon property which hereafter becomes accessible to the Sewer System shall, at their own expense, connect such build- ing with the Sewer System within sixty (60) days after notice to do so from the Township. SECTION 4. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the Village of Upton Sanitary District any human excrement, garbage, or other objectional waste. SECTION 5. It shall be unlawful to discharge to any natural outlet within the Village of Upton Sanitary District, any wastewater or other polluted waters except where suit- able treatment has been provided in accordance with subsequent provisions of this ordinance. SECTION 6. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. 220 SECTION 7. All privies, privy vaults, cesspools, and drains on properties shall be abandoned as soon as possible, and in no case later than thirty (30) days after the connection of such properties to such sanitary sewer, and left in such way that they cannot again be used or injuriously affect the public health; and all wells that are found by any public health authority having jurisdiction to be polluted or a menace to health shall likewise be abandoned and closed. SECTION 8. Privies, privy vaults, cesspools, drains and polluted wells abandoned and closed pursuant to this section shall be subject to inspection by Peters Township and by any public health authority having jurisdiction, and the owner of the prop- erty upon which any such abandoned and closed facility is located shall take such remedial action as may be prescribed by such inspector to assure that such closed and abandoned facility will not constitute a hazard to the public health or saf- ety. SECTION 9. Building Sewers and Connections a. No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof with- out first obtaining a written permit from Peters Township. b. There shall be two (2) classes of sewer -permits: (1) for residential use and (2) for commercial use. In either case, the owner or his agent shall make application on a form furnished by Peters Township. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgement of Peters Township. c. All costs and expense incidental to the installation and connection of the building sewer after completion of the initial project shall be borne by the owner. The owner shall idemnify Peters Township from any loss or dam- age that may directly or indirectly be occasioned by the installation of the building sewer. d. Each mobile home and/or trailer unit used for residential or commercial purposes, and having domestic water and/or sanitary facilities therein, shall be considered a separate and independent building, and as such shall have its own separate and independent building sewer. e. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the Franklin County Plumbing Code and/or other applicable rules and re- gulations of Peters Township. f. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or ground water to a building drain which in turn is connected directly or indirectly to a public sanitary sewer. g. The connection of the building sewer into the public sewer shall conform to the requirements of the Franklin County Plumbing Code and/or other applicable rules and regulations of Peters Township. All such connections shall be made gas tight and water tight. All connections of building sewer into the public sewer shall be performed by persons authorized by Peters 221 Township. The prescribed procedures and materials must be approved by Peters Township before installation. h. Persons, firms and corporations desiring to do plumbing intended to be con- nected to the Sewer System shall obtain form the Secretary of Peters Township in the form to be provided, a permit entitling the applicant to engage in re- gular or particular work during the calendar year in which the permit is granted, for which permit a fee of Five ($5.00) Dollars shall be charged therefore. The permit thus granted is revocable at will of said Township and the permit is renewable from year to year by endorsement or by ex- change for a new permit at the discretion of the Secretary of said Township. No plumbing or connections shall be made without this permit. i. Any person, firm or corporation which, for a period of at least one (1) year previous to the passage of this ordinance has been regularly engaged in the plumbing business in the Township, shall be deemed competent to hold a per- mit; and all other persons, firms or corporations, desiring to do plumbing business in said Township, or to do a particular piece of work to be connect- ed with the Sewer System shall exhibit such evidence of competence as said Township from time to time may require. j . Any plumber, or other person who shall neglect or refuse to take out a per- mit or comply with the provisions of this ordinance, or fail to make the reports herein designated, shall not be deemed competent to perform any work intended to be connected with the sewers, and no work performed by such plumbers or other persons shall be connected with any sewers. k. The applicant for the building sewer permit shall notify Peters Township when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of Peters Township or its representatives. 1. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to Peters Township. SECTION 10. Sewer Extension and Connections a. Peters Township shall be solely responsible for any and all sewer extensions. No extension will be made except upon the written request of a property owner. b. The owner or owners applying for such sewer extension shall be responsible for the cost of making such an extension. Title to the sewer will be vested in Peters Township. c. Before an extension of a sewer is made by Peters Township, the owner or app- licant shall post security for the estimated cost of the sewer extension. Final adjustments will be made upon the receipt of all bills and expenses that may be incurred in the extension of a sewer. Any surplus security will be returned to the owner. Any deficit held by Peters Township will be billed to the owner upon final accounting. d. Peters Township will not be required to make any reimbursement to the owner for additional connections to such sewers or enter into any type of buy-back agreements. e. Connections to the sewer system will require purchase by the owner of an eff- 2E30 All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions incon- sistent herewi(t)h are expressly repealed. Duly enacted and adopted this 25th day of August, 1989, by the Board of Super- visors of Peters Township, Franklin County, Pennsylvania, and to be effective immediately. ATTEST: PETERS TOWNSHIP FRANKLIN COUNTY, PENNSYLVANIA Galen K. Heckman, Secretary By:John C. Brake, Chairman SEAL Joseph S. Rotz, Vice-Chairman STREET LIGHT RESOLUTION UPTON & MARKES UPGRADING OF ST. LIGHTS RESOLUTION No. 10-89 Resolution No. 10-89 Adopted October 27, 1989 A RESOLUTION authorizing and directing proper officials of Peters Township, Franklin County, Pennsylvania, to enter into and execute an agreement with West Penn Power Company for lighting streets, alleys, and other public places in the Village of Upton and the Village of Markes. WHEREAS, Pursuant to the provisions of "The Township Law", there has been presented to the Municipal Legislative Body of Peters Township, Franklin County, Pennsylvania, a property-owners' petition asking that street lighting service be furnished on streets, alleys, and other public places, or portions thereof, in the Village of Upton and the Village of Markes; and WHEREAS, said street lighting is requested to be furnished in accordance with a plan attached to the petition, units to be located on the following streets, alleys, and other public places, or portions thereof; Various loca- tions in Upton and Markes for the upgrading of the incandescent lamps to mer- cury vapor lamps, and, WHEREAS, said petition is signed by the owners of a majority of the lin- eal feet frontage along the aforementioned streets or portions thereof to be benefited by the lighting, this fact being verified by an affidavit attached to the petition; NOW, THEREFORE, BE IT RESOLVED by the Municipal Legislative Body of Peters Township, that said petition be granted and that the Municipal Legislative Body enter into a street lighting agreement with the West Penn Power Company, said agreement to be in form submitted by the Company and filed with the Township Secretary; and, BE IT FURTHER RESOLVED, that the President and Secretary of the Municipal _ Legislative Body are hereby authorized and directed to execute on behalf of said Township, said agreement with said Company. 284 will be fixed at $30.00 per improved property and $7.50 per unimproved prop- erty. A vote having been called for, all members voted aye. ORDINANCE # 1-90 FEES AND COSTS FOR S.E.O. An Ordinance amending Ordinance 8-89 adopted 8-25-89, to revise Section I II, IX, and X, and adding Section XI. Be it ordained by the Supervisors of Peters Township that Section I be revised to add the words "except Subdivisions" after "application Fee for all new systems." Be it ordained by the Supervisors of Peters Township that Section II be revised to add the words "except Subdivisions" after "Percolation Test." Be it ordained by the Supervisors of Peters Township that Section IX be replaced in its entirety to read as follows: Alterations to existing systems not requiring soil tests $60.00 A. Any applicant having an existing subsurface system that has been determined to be malfunctioning shall pay an initial application fee of sixty dollars ($60.00). This fee shall provide for the municipality's sewage enforcement officer's initial investigation of the malfunction, and if in the opinion of the sewerage enforce- ment officers, deep pit examinations are required as part of the malfunction correctioning process, the fee shall also include the examination and evaluation of a maximum of two (2) deep pit exca- vations. If correction of the malfunction involves modification of the existing subsurface system to the degree of involving the application of new testing procedures, design, etc. , then the appropriate fee schedules provided herein shall be applicable. Be it ordained by the Supervisors of Peters Township that Section X be replaced in its entirety to read as follows: Application Fee for all new systems (for all subdivisions) $120.00 A. The initial application fee shall cover all costs of initiating the paperwork associated with the application, the site evaluation, ex- amination and evaluation of a maximum of two (2) deep pit excavations, and the preparation of the forms associated with the examination of the deep pit (s). B. All costs and liability associated with the excavation and backfill of the deep pit (s) shall be the responsibility of the applicant No fee C. Any evaluation requiring additional field investigation beyond the initial visits to the site stipulated above will require the foll- owing fees: (1) For each additional visit to the site $40.00 (2) For each additional test pit over two (2) $30.00 Be it ordained by the Supervisors of Peters Township that Section XI be added to read as follows: 285 Percolation Test (for all Subdivision) $180.00 A. The $180.00 fee associated with this portion of the application covers the cost of performing and/or witnessing the performance of the presoaking of the percolation test holes, and the per- formance and/or witnessing the performance of the percolation test which shall be limited to one complete test on six (6) holes. If additional percolation tests shall be required, this fee shall be repeated for each additional test. B. The cost associated with the excavation of the percolation test holes and the providing of water for presoaking and performance of, shall be by the applicant. The applicant shall also provide sufficient gravel for covering the bot- tom of the percolation test holes. C. The $180.00 fee shall also include the cost of completing the appropriate test report forms stipulated by PA D.E.R. All ordinances or parts of Ordinances, Resolutions or parts of Resolutions inconsistent herewith are expressly repealed. Duly enacted and adopted this 26th day of January, 1990, by the Board of Supervisors of Peters Township, Franklin County, Pennsylvania, and to be effective immediately. PETERS TOWNSHIP FRANKLIN COUNTY, PENNSYLVANIA By: John C. Brake, Chairman Joseph S. Rotz, Vice-Chairman ATTEST GALEN K. HECKMAN, SECRETARY SEAL ORDINANCE # 2-A-90 UPTON SEWER MONTHLY RATES AN ORDINANCE AMENDING ORDINANCE 12B-86 IMPOSING SEWER RENTALS OR CHARGES FOR THE USE OF THE SEWERS OR SEWER SYSTEM IN THE UPTON DISTRICT SEWER SYSTEM, PETERS TOWNSHIP, FRANKLIN COUNTY, PENNSY- LVANIA, UPON THE OWNERS OF PROPERTY SERVED, OR TO BE SERVED, BY SUCH SEWERS OR SEWER SYSTEM: IMPOSING SUCH CONNECTION CHARGES: PROVIDING FOR THE COLLECTION THEREOF AND THE FILING OF LIENS THEREFOR, AND PROVIDING FOR RULES AND REGULATIONS PASSED DECEM- BER 26th, 1986. Be it enacted and ordained by the Board of Supervisors of the Township of Peters, County of Franklin, Commonwealth of Pennsylvania, and it is here- by enacted and ordained as follows: 285 Percolation Test (for all Subdivision) $180.00 A. The $180.00 fee associated with this portion of the application covers the cost of performing and/or witnessing the performance of the presoaking of the percolation test holes, and the per- formance and/or witnessing the performance of the percolation test which shall be limited to one complete test on six (6) holes. If additional percolation tests shall be required, this fee shall be repeated for each additional test. B. The cost associated with the excavation of the percolation test holes and the providing of water for presoaking and performance of, shall be by the applicant. The applicant shall also provide sufficient gravel for covering the bot- tom of the percolation test holes. C. The $180.00 fee shall also include the cost of completing the appropriate test report forms stipulated by PA D.E.R. All ordinances or parts of Ordinances, Resolutions or parts of Resolutions inconsistent herewith are expressly repealed. Duly enacted and adopted this 26th day of January, 1990, by the Board of Supervisors of Peters Township, Franklin County, Pennsylvania, and to be effective immediately. PETERS TOWNSHIP FRANKLIN COUNTY, PENNSYLVANIA By: John C. Brake, Chairman Joseph S. Rotz, Vice-Chairman ATTEST GALEN K. HECKMAN, SECRETARY SEAL ORDINANCE # 2-A-90 UPTON SEWER MONTHLY RATES AN ORDINANCE AMENDING ORDINANCE 12B-86 IMPOSING SEWER RENTALS OR CHARGES FOR THE USE OF THE SEWERS OR SEWER SYSTEM IN THE UPTON DISTRICT SEWER SYSTEM, PETERS TOWNSHIP, FRANKLIN COUNTY, PENNSY- LVANIA, UPON THE OWNERS OF PROPERTY SERVED, OR TO BE SERVED, BY SUCH SEWERS OR SEWER SYSTEM: IMPOSING SUCH CONNECTION CHARGES: PROVIDING FOR THE COLLECTION THEREOF AND THE FILING OF LIENS THEREFOR, AND PROVIDING FOR RULES AND REGULATIONS PASSED DECEM- BER 26th, 1986. Be it enacted and ordained by the Board of Supervisors of the Township of Peters, County of Franklin, Commonwealth of Pennsylvania, and it is here- by enacted and ordained as follows: 286 SECTION 4. RATES FOR DOMESTIC SEWAGE Flat Rate: all persons owning property connection to the Sewer System shall pay a monthly rental for sanitary sewage services based on the following classifications and amounts: (1) Residental New Rate: For each single dwelling, one connection, the sum of 20.00 For each double dwelling, one connection, the sum of 40.00 For each additional dwelling unit over two, under the same roof, one connection, the sum of 20.00 For each industrial establishment, each hotel, or other commercial consumer, one connection the sum of 20.00 For each Church and each school building, one connection, the sum of 20.00 All other sections of the Ordinance shall remain the same and in full force. This amendment shall become effective on February 1st, 1990. Pass- ed this 26th day of January, nineteen hundred and ninety (1990). PETERS TOWNSHIP BOARD OF SUPERVISORS JOHN C. BRAKE, CHAIRMAN . JOSEPH S. ROTZ, VICE-CHAIRMAN ATTEST: GALEN K. HECKMAN, SECRETARY ORDINANCE NO. 2-B-90 AN ORDINANCE FOR THE TOWNSHIP OF PETERS, FRANKLIN COUNTY, PENNSYLVANIA, ORDAINING A TOWNSHIP ROAD EXTENDING TOWNSHIP ROUTE #403 IN A NORTHERLY DIRECTION IN PETERS TOWNSHIP, FRANKLIN COUNTY, PENNSYLVANIA. WHEREAS, the Board of Supervisors of Peters Township, Franklin County, Pennsylvania, have determined that it would be a benefit to the public, residents and taxpayers of Peters Township, Franklin County, to extend Township Route #403 (Dutchtown- Road) in a northerly direction beginning at the existing western terminus of the existing road, the proposed ex- tension having the boundaries and center line data as shown on the plan called Dutchtown Road Extension dated August 19th 1989, as surveyed by Best-Angle Associates, said proposed Township Road to have a center line length of nine hundred sixteen and forty-four hundredths (916.44) feet to the center of a turnaround all as shown on the aforesaid plan; AND WHEREAS, Owners affected by this Ordinance have heretofore re- leased and dedicated portions of the said proposed road to the Town- ship; 288 PASSED by the Board of Supervisors of Peters Township, Franklin County, Pennsylvania, this 23rd day of February, 1990. BOARD OF SUPERVISORS OF PETERS TOWNSHIP By JOHN C. BRAKE, CHAIRMAN JOSEPH S. ROTZ, VICE-CHAIRMAN ATTEST: GALEN K. HECKMAN, SECRETARY ORDINANCE #6-90 AN ORDINANCE AMENDING THAT ORDINANCE ENTITLED "HOLDING TANK ORDIN- ANCE 5-78" PASSED BY THE BOARD OF SUPERVISORS OF THE TOWNSHIP OF PETERS, FRANKLIN COUNTY, PENNSYLVANIA, MAY 26, 1978 BE IT ENACTED AND ORDAINED BY the Board of Supervisors of Peters Township, Franklin County, Pennsylvania, and it is hereby enacted and ordained as follows: 1. Section 7 of Holding Tank Ordinance 5-78 is hereby amended to _. read as follows: Section 7. Exclusiveness of Rights and Privileges A. The collection and transportation of all sewage from any improved property utilizing a holding tank, shall be done solely by or under the direction and control of the Supervisors: disposal thereof shall be made only at such site or sites as may be approved by, the Depart- ment of Environmental Resources of the Commonwealth of Pennsylvania. B. The Supervisors will receive, review and retain pumping receipts from permitted holding tanks. C. The Supervisors will complete and retain annual inspection reports for each permitted tank. 2. At Section 8, Duties of Improved Property Owner of Holding Tank Ordinance 5-78 is amended by adding paragraph (c) as follows: (c) Permit only the Township or its agent to inspect holding tanks on an annual basis. 3. Section #10 of Holding Tank Ordinance of 5-78 is amended to read as follows: Section 10. Violations. Any person who violates any provisions of Section 8 shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than One Hundred ($100.00) Dollars 289 and not more than Three Hundred ($300.00) Dollars and cents, and in default of said fine and costs to undergo imprisonment in the County Prison for a period not in excess of thirty (30) days. In all other respects Holding Tank Ordinance 5-78 shall remain in full force and effect. This Ordinance shall become effective five (5) days after its adoption. ENACTED AND ORDAINED into an Ordinance this 29th day of June, A.D. , 1990, by the Board of Supervisors of the Township of Peters, Franklin County, Penn- sylvania, in lawful session duly assembled. BOARD OF SUPERVISORS OF THE TOWNSHIP OF PETERS, FRANKLIN COUNTY, PENNSYL- VANIA Galen K. Heckman, Secretary Joseph S. Rotz, III, Vice-Chairman RESOLUTION 6-A-90 CREATION OF AG. DISTRICT RESOLVED, THAT THE PETERS TOWNSHIP BOARD OF SUPERVISORS adopted the proposals as presented for establishment of an Agricultural Security Area for Peters Town- ship, Franklin County, Pennsylvania. The ag area map depicts land identification and acreage totaling 13,893 acreas. NOW THEREFORE, the Peters Township Board of Supervisors do adopt the afore- noted RESOLUTION, this date June 29, 1990 as presented and that said Agricultu- ral District shall be effective immediately. Joseph S. Rotz, Vice-Chairman Galen K. Heckman, Secretary/Treas. V 297 GRANT OFFER RESOLUTION 10-A-90 "BE IT RESOLVED," that the Peters Township Board of Supervisors accept the grant offer, offered by the United States of America, acting by and through the U.S. Environmental Protection Agency, (E.P.A.) hereby offers assistance/ amendment to the Peters Township Board of Supervisors, for 72.39% of all approved costs incurred up to and not exceeding $5,457,350.00 for the sup- port of approved budget period described in application C-421358-02-0, Peters Township Board of Supervisors, including herein by reference. PETERS TOWNSHIP AUTHORIZES THE MUNICPAL AUTHORITY TO CONSTUCT AND ADMINISTER THE SEWER SYSTEM 10-B-90 "BE IT RESOLVED," by the Supervisors of Peters Township, Franklin County, Pennsylvania hereby authorizes the Peters Township Municipal Authority to construct and administer the sewer system to be constructed under grant offer C-421358-02-0 and to execute necessary documents for the necessary transfer of said grant funds to the Peters Township Municipal Authority. ORDINANCE 11-90 AN ORDINANCE AUTHORIZING AND DIRECTING PETERS TOWNSHIP MUNICIPAL AUTHORITY OF FRANKLIN.; COUNTY TO CONSTRUCT A SEWER SYSTEM 'WITHIN THE TOWNSHIP CT PETERS, FRANKLIN COUNTY, PENNSYLVANIA WHEREAS, the Supervisors of Peters Township, in compliance with directives of the Pennsylvania Department of Environmental Resources and the Federal Environmental Protection Agency has determined that the construction of a sewer system in certain areas of Peters Town- ship is necessary and desirable for the health and welfare of the inhabitants of the Township as well as being necessary for the orderly development thereof, it is hereby ordained as follows: SECTION 1 The Peters Township Municipal Authority of Franklin County is hereby authorized and directed to construct a sewer system within the Cove Gap - Town Hill, Markes, Lemasters, and the Fort Loudon - Mountain View areas as more particularly shown and defined on the plans made by Davis, Renn and Associates, Inc. for the Supervisors, and for that purpose to advertise for bids for the construction of said system. SECTION 2 On construction of the system the Peters Township Municipal Authority of Franklin County is authorized to administer and 298 operate the sewer system so constructed as provided by the Municipalitys Authorities Act of 1945 as amended. SECTION 3 There is hereby granted to Peters Township Municipal Authority of Franklin County all necessary easements and rights-of-way over Township highways, streets, alleys and other Township real estate necessary and incident to the construction of said sewer and the maintenance thereof. Passed by the Supervisors of Peters Township this 30th day of November, 1990. ATTEST PETERS TOWNSHIP SUPERVISORS JOHN C. BRAKE, CHAIRMAN Galen K. Heckman, Secretary (signature ) (Signature) JOSEPH S. ROTZ, VICE-CHAIRMAN (signature) RESOLUTION 12-A-90 BUDGET A Resolution of the Township of Peters. A Resolution of the Supervisors of Peters Township in the County of Franklin, Commonwealth of Pennsylvania, appropriating specific sums estimated to be required for the specific pur- poses of the municipal government, hereinafter set forth, during the year 1991 and adopting 1991 budget. Be it resolved and enacted, and it is hereby resolved and enacted by the Board of Township Supervisors of the Township of Peters, County of Franklin, Commonwealth of Pennsylvania. SECTION 1: That for the expenditures and expense of the fiscal year 1991 the following amounts are hereby appropriated from the fund equities, re- venues, and other financing sources available for the year 1991 for the specific purposes set forth as follows: Total of funds assets equity $428,600 Revenues and other financing sources 426,151 Total available for appropriation 854,751 Expenditures: All funds $788,527 Unappropriated 66,224 Total $854,751 SECTION 2: That any resolution conflicting with this resolution be and the same is hereby repealed insofar as the affects this resolution. Adopted this 28th day of December, A.D. 1990. JOHN C. BRAKE Chairman of the Board of Township Supervisors -- �.$4 -- PETERS TOWNSHIP SUPERVISORS Dv • TOWNSHIP FRANKLIN COUNTY PENNA. JOHN C. BRAKE Chairman JOSEPH S. ROTZ Vice Chairman MEalk GALEN K. HECKMAN Sec. -Treas. '��11 5000 STEELE AVENUE,P. O.BOX 88,LEMASTERS,PA. 17231 °--' (717)328-3352 RESOLUTION 6-92 WHEREAS, the Peters Township Board of Supervisors did adopt a holding tank ord- inance, known as Ordinance 5-78 and did amend Ordinance 5-78 on June 29, 1990. NOW THEREFORE, BE IT RESOLVED, that the following RESOLUTION, be adopted, pro- viding for an expedited process to facilitate the use of holding tanks as a temporary and interim method of sewerage disposals, applying exclusively to those lots, parcels, or tracts of land within Peters Township, having the fol- lowing characteristics: 1. Approval of Sewerage Facilities Planning Modules submitted as Component 1 or Component 2, prior to the effective date of this ordinance, or creation of the lot, parcel or tract prior to May 15, 1972. 2. Said lot, parcel or tract lies within the planned sewer service area as defined in the Peters Township 201 Facilities Plan and _ _ the owner (s) of said lot, parcel or tract fully intend to pro- mptly make connection to the Peters Township Municipal Authority Sanitary Sewer System. 3. Owner (s) of said lot/ parcel/ tract have made application for Sewerage Disposal System in accordance with the Rules and Regu- latIcas of the Department of Environmental Resources and, in eddition to an appropriate holding tank design, have provided • dncumen;:a .ion sufficient to establish eligiblity under items 1 and 2 above. LE end the same is '.lereby adopted this 26th day of June, 1992. 114 ATTE , BRAKE, CHAIRMAN GALEN K. HECKMAN, SECRETARY fISEP!I . ROTZ, VICE-C ." RMAN SEAL !GV Ct The same being summarized in tabular form as follows: Mills on Each Cents on Each Dollars of One Hundred Assessed Dollars of Valuation Assessed Valuation Tax rate for general purposes 4 mills 40 cents TOTAL 4 mills 40 cents JOHN C. BRAKE Chairman of the Board of Township of Supervisors CERTIFICATION I hereby certify that the foregoing is a true and correct copy of Resolution Number 12-B-93 enacted by the Peters Township Board of Supervisors on the 30th day of December, A.D. 1993. GALEN K. HECKMAN SECRETARY RESOLUTION 12-C-93 That the Per Capita Tax Resolution which was first passed in 1960, the Deed Realty Transfer Tax, which was passed in 1966 and amended. January, 1987 and April, 1988 and the Earned Income Tax, which was passed in 1975 and amended December 26, 1980, be continued without any substantial changes, for Peters Township Supervisors during fiscal year 1994. RESOLUTION 12-D-93 Be it resolved that the penalty for nonpayment of Township Taxes, by date of June 30 of each year, shall be 10% on all taxes not paid beginning July 1 of each year. RESOLUTION 12-E-93 Upon a Rotz/Heckman motion to adopt Resolution 12-E-93 fixing cost of street lighting as follows: Ft. Loudon per front foot (improved 320 and unimproved 80) Upton at 300 per front foot (improved) and 80 for (unimproved), further fixing costs of Markes Street Lighting at 2.10 per front foot for (improved) and 50 per front foot for (unimproved) properties, Lemasters Street Lighting will be fixed at $34.00 per improved property and $8.50 per unimproved property. A vote being called for, all members voted aye. RESOLUTION 12-F-93 Upon a Heckman/Rotz motion to adopt Resolution 12-F-93 setting the sewer cost for the Upton Sewerage System to be $23.00 per month per each E.D.U. All voted aye. 2/"7Pt . P7,1 ORDINANCE NO. r". AN ORDINANCE PROVIDING FOR THE PERMITTING OF ALL ON-LOT SEWAGE DISPOSAL SYSTEMS PROPOSED TO BE INSTALLED ON ALL LOTS IN PETERS TOWNSHIP, FRANKLIN COUNTY, PENNSYLVANIA, REGARDLESS OF LOT SIZE, AND PROVIDING PENALTIES AND ENFORCEMENT REMEDIES. WHEREAS, the Genera] Assembly of the Commonwealth of . Pennsylvania adopted, and the Governor of said Commonwealth approved, under date of January 24, 1966, P.L. 1535, NO. 537 (35 P.S. §§750. 1-750. 20) , known as the Pennsylvania Sewage Facilities Act, which Act has been subsequently amended and is referred to hereinafter as the "Act" ' WHEREAS, Section 3 of the Act of December 14 , 199' kP.L. _, No. 149) contains an amendment to Section 7 (a) of t` e 1.ct wh i a provides that, except where a local agency or municipal •_t regdirel a permit by ordinance, certain owners of lots 10 acres or 1a7•yer are exempt from the requirements of the Act to obtain , '-,ermit fur the installation of an on-lot sewage disposal syst, m on such person's lot; WHEREAS, the Township of Peters is a municipality as defined in Section 2 of the Act; WHEREAS, Section 7 (a) (1) of the Act, as amended by the Act of December 14 , 1994 , authorizes the Township to enact an ordinance requiring a permit for the installation of all on-lot sewage disposal systems within the Township, including those proposed to be installed on lots 10 acres or larger, irrespective of whether any such lot 10 acres or larger otherwise qualifies for an exemption from the permitting requirements of the Act; and WHEREAS, the Township of Peters desires that permits be required for the installation of on-lot sewage disposal systems on all lots 10 acres or larger which lots otherwise qualify for an exemption from the permitting requirements of the Act; NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Peters Township, Franklin County, Pennsylvania, as follows: Section I . Short Title, Statutory Basis, Purpose 1. This ordinance shall be known as the "Peters Township On- Lot Sewage Disposal System Permit Ordinance. " 2 . This ordinance is adopted pursuant to Section 7 (a) (1) of the Pennsylvania Sewage Facilities Act, as amended (35 P. S. §750. 7 (a) (1) . ' ' 249 3 . The purpose of this Ordinance is to provide for the permitting of all on-lot sewage disposal systems within the Township in accordance with the standards and regulations of 25 Pa. Code Chapters 72 and 73 , including those systems otherwise eligible for an exemption from the permitting requirements of the Act, as authorized by Section 7 (a) ( L) of the Act. Section II. Permit Requirement 1. From and after the effective date of this ordinance, all persons proposing to install an on-lot sewage disposal system on any lot within the Township, including those persons proposing to install such a system on a lot 10 acres or larger and who are otherwise qualified for a permit exemption in accordance with the provisions of Section 7 (a) (1) of the Act, shall apply to the Township for a permit for the installation of such system. 2 . No person shall install or commence construction of any on-lot sewage disposal system for which a permit is required until such permit has been issued by a Sewage Enforcement Officer employed by or contracted to the Township. 3 . Applications and fees for permits as well as issuance and denial of permits, shall be in accordance with the procedures established by prior ordinances passed by the Township. Section III . Enforcement 1. Any person violating any of the provisions of this ordinance shall be subject to the civil and criminal penalties authorized pursuant to Sections 13 and 13 . 1 of the Act, as amended. 2 . In addition to the penalties for non-compliance set forth in subsection 1 above, it is further provided that all of the civil and equitable remedies set forth in Sections 12, 14 and 15 of the Act (35 P. S. §§750. 12 , 750. 14 and 750. 15) , as amended, shall be applicable to violations of this ordinance. Section IV. Repealer All Ordinances or parts of Ordinances inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency. Section V. Severability If any section or clause of this Ordinance shall be adjudged invalid, unconstitutional, or inapplicable to any person or circumstance, such adjudic6tion shall not affect the validity of the remaining provisions of this Ordinance which shall be deemed severable therefrom. 25 - -. cn 0' Cr Section VI. Effective Date This Ordinance shall be effective immedi.tel upon enactment. II ORDAINED AND DATED this eN day of ■4,/ _i , 1995. PETERS TOWNSHIP SUPERVISORS i1A-A.1 e.. i&orie____ .. , yclAr% % ,, - 4.,, ii, /•t , -3' 1 • ORDINANCE NO. 12-B -1995 AN ORDINANCE AMENDING ORDINANCE NO. 12B-86 ENACTED DECEMBER 26, 1986 IMPOSING SEWER RENTALS OR CHARGES FOR THE USE OF 'T'H SEWERS UR SEWER SYSTEM IN THE UPTON DISTRICT SE!IER SYSTEM, PETERS TOWNSHIP, FRANKLIN COUNTY, PENNSYLVANIA., UPON THE OWNERS OF PROPERTY SERVED, OR TO BE SERVED, BY SUCH SEWERS OR SEWER SYSTEM: IMPOSING SUCH CONNECTION CHARGES: PROVIDING FOR THE COLLECTION TIIEREOF AND THE FILING OF LIENS THEREFOR, AND PROVIDING FOR RULES AND REGULATIONS. Be CD it ordained by the Board of Supervisors of the Township of cQ Peters, Franklin County, Pennsylvania, that Peters Township Ordinance No. 12B-86 is hereby amended as follows: VC 1. SECTION 4 . Rates for Domestic Sewage Rates for Domestic Sewage is hereby amended to read as folJ..ows; Fla .. Rate: ( 1) Residential For each single dwelling, one connection, the sum of $24 . 00 For each double dwelling, one connection, the um of $48. 00 For each additional dwelling unit over two, under the same roof, one connection, the sum of $24 . 00 (2) Industrial, Commercial, Church or School For each industrial establiEhment, each hotel, or other commercial consumer, one connection, the sum of $24 . 00 For each Church and each scLool building, one connection, the sum of $24 . 00 The rates for persons owning property connected to the sewer system and served with metered water service by the Water Company, shall at the option of the Tcwnslii_p pay a rental for sanitary sewer service based on the amount of water used through the use of water meters installed and maintained by the Water Company, provided, however, that such rates shall not be put into effect until 7 established by an ordinance setting such rates. 2 • SECTION B . Penalties Delinquent Sewer Rentals and Liens Monthly charges for sewer service shall be subject to ten percent ( 10%) penalty if not paid within thirty (30) days after they are due. If not paid within sixty (60) days after becoming dee, the bill plus penalty shall bear interest at the rate of one- ha:t f (1/2) percent per mmont i or fraction thereof until paid. All persons connected to the sewer system must give the Township their correct address. Failure to receive bills will not be considered an excuse for nonpayment nor permit an extension of the period during which bills are payable at face. All sewer rentals, together with all penalties thereon, not paid within sixty (60) days of the date of each billing shall be deemed to be delinquent. All delinquent sewer rentals and all penalties thereon shall be a lien on the property served and shall 1-,t7 entered as a lien against such property in the Office of the Pt..Jt.honotary of Franklin County and shall be collected in the mai eer provided by law for the filing and collection of such liens. t:n .Lieu of filing municipal liens as provided herein any del f. :•_cent ewer rentals and all penalties thereon not paid within s ii..x e, (60) days from the date. of each bill may be collected by suit: bett.ee a District Justice in Franklin County, Pennsylvania. 3 . Ail other provisions 01 Ordinance No. 1213-86 shall remain in ful :1. force and effect. 4 . This ordinance amending Ordinance No. 123-86 shall become efa:eceive January 10, 1996 Jar the billings March 1, 1996 and all bi.l,.l.i.ngr. thereafter. Passed by the Supervisors of Peters Township in regular mec..'-._E.,lc3 this .__` ti+-^sic day of OIJ`fm&Q.,,2,,, 1995. j (Lc'a) ) , -0 // /';` / o ;. Chairman "LLl, dcµ yt & ‘ /(/�! tk%J` 4 qJ ___ Suupervisp,p' 19 ORDINANCE NO. 9-I3-96 An Ordinance amending Ordinance 5-78 of Peters Township Franklin County, Pennsylvania, entitled "Holding Tank Ordinance 5; 78-" , passel by the board of supervisors of .the Township of Peters, Franklin County, Pennsylvania. May 26, 1978, and amended June 29th 112,90, by Ordinance #6-90. Lae it ordained by the Supervisors of the Township of Peters, Franklin County, Pennsylvania, and it is hereby enacted and ordained as follows: • 1. Section 10. violations . of Holding Tank Ordinance 5-78 , as amended by Ordinance 6-90 is amended to read as follows: Any person, partnership or corporation who or which has violated or permitted. a violation of any of the provisions of this ordinance ;hall, upon being found liable therefore in a civil enforcement proceeding comm.?nced by the township, pay a fine of not less than one hundred ($100. 00) dollars and not more than three hundred ($C00 . 00) dollars per violation set by this Ordinance plus all court costs including reasonable attorney fees incurred by the township. No judgment shall be imposed until the date of the determination of a violation by the district justice. If the Defendant neither pays nor timely appeals the judgment, the municipality may enforce t1,-..e judgment pursuant to the applicable Pennsylvania rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation in violation of the Ordinance to have believed that there was no violation, in which event three shall be deemed to have been only one violation until the fifth day following the date of the determination of a violation lay the district justice and thereafter each day that a violation continues shall constitute a separate violation incurring a fine of not less than one :iundred ($100. 00) dollars and not more than three -hundred ($300. 00) dollars per violation provided that the total fines should not el.ceed one thousand ($1, 000. 00) dollars. 2. In all other respects Holding Tank Ordinance 5-78 with its amendments shall remain in full force and effect. 3. This :_.rdinance shall 1)e come effective five days after its adoption. / P �' ,ctE:d and Ordained into an Ordinance this A /.. day of /I4f .996, by the Board of Supervisors of The Township of Pa ers, Franklin County, Pennsylvania. BOARD OF SUPERVISORS OF THE TOWNSHIP OF PETERS, FRANKLIN �► COUNTY, PENNSYLVANIA CC CD C .'12 /, N.) CHAIRMAN / VICE-C.HAWAI1 C SEAL r'� ATTEST: , _ 64/111/ ORDINANCE NO. 9-C-9.6 An Ordinance amending Ordinance 2A-92 of the Board of Supervisors of the Township of Peters, Franklin County, Pennsylvania, requiring all owners of improved property located within this township and accessible to and whose principal building is within i50 feet from the sewer system to be acquired and constructed by Peters Township Municipal Authority of Franklin COunty to connect therewith upon notice by this township; regulating the manner of making connections; authorizing this township to make connections at the cost and expense of any owner of an improved property who fails to make such connection; adopting certain rules and regulations and providing for adoption of additional rules and regulations; prohibiting the connection of privy vaults, cesspools sinkholes, septic tanks and similar receptacles to any sewer;- prohibiting the maintenance of certain receptacles and requiring abandonment thereof where a sewer is available; setting forth related matters; and prescribing penalties for violation. Be ._t ordained by the Supervisors of the Township of Peters, Franklin County, Pennsy;..vania, and it is hereby enacted and ordained as follows: 1. Article VV, Enforcement_ Section 5. 01 of Ordinance 2A-92 is amended to read as follows: Any person, partnership or corporation who or which has viol ted or permitted a v: o:lation of any of the provisions of this Ordinance shall, upon being found liable therefore in a civil enforcement proceeding commenced by the township, pay a fine of not less than One hundred ($100. 00) dollars and not more than Three hundred ($300 . 00) dollars per violation set by this Ordinance p lus all court costs including reasonable attorney fees incurred by township.. No judgment shall be imposed until the date of the determination of a violation by the district justice. If the Defendant neither pays nor timely appeals the judgment, the municipa; ity may enforce the judgment pursuant to the applicable Pennsylvania rules of civil procedure. Each day that a vLolation continues shall constitute a separate violation, unles ; the district justice determining that there has been a violation further determines that there was a good a.it.h basis for the person partnership or corporation in violation of the Ordinance to have hhelieved that there was no violation, in which event three shall be deemed to have been only one violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation incurring di a fine of not less than One hundred ($100. 00) dollars and not more than Three hundred ($30C . 00) dollars per violation provided that the total fines should not exceed One thousand ($1, 000. 00) dollars. 2 . Section 5. 02 is hereby repealed. 3 . In al .l other respects Ordinance 2A-92 shall remain in full force and effect. 11 •- aOte i and Ordained i - into an the Ordinance this 2 day o f.__ i0 _ 1996, by he Board of Supervisors of The Township of /Peters, Franklin County, Pennsylvania. CC) 0 BOARD OF SUPERVISORS CF TAE p TOWNSHIP OF PETERS, FRANKLIN COUNTY, PENNSYLVANIA CHA RIV N VICE--CHAIR AN ___ SEAL jail/fel fl ATTEST: _.,/! _ _ 1(-t 11'404 Secretary C12/15/2000 01:38 /1/32tiy/'jl 51t11ltK5It1Utf�'ItYtKS rr1u1-. `''`• i ORDINANCE NO. 1-07 AN ORDINANCE AMENDING ORDINANCE NO. 12B-86 ENACTED DECEMBER 26, 1986, AS AMENDED BY ORDINANCE NO. 12B-95 ENACTED DECEMBER 29, 1995 IMPOSING SEWER RENTALS OR CHARGES FOR THE USE OF THE SEWERS OR SEWER SYSTEM IN THE UPTON DISTRICT SEWER SYSTEM, PETERS TOWNSHIP, FRANKLIN COUNTY, PENNSYLVANIA, UPON THE OWNERS OF PROPERTY SERVED, OR TO BE SERVED, BY4SUCH SEWERS OR SEWER SYSTEM: IMPOSING SUCH CON4ECTION CHARGES : PROVIDING FOR THE COLLECTIpN THEREOF , AND THE FILING OF LIENS THEREFOR, ANI, PROVIDING FOR RULES AND REGULATIONS , Be it ordained by the Board of Super$,isor.s of the Township CA of Peters, Franklin County, Pennsylvania, that Peters Township 1.\D Ordinance No. 12B-86 as amended by Ordinance Mo. 12B-95, is hereby further amended as follows : 1. SECTION 4 . Rates for Domestic Sewage. Rates for Domestic Sewage is hereby amended to read as follows: Flat Rate: (1) Residential For each single dwelling, one connection, the sum of $25 . 00 For each double dwelling, one connection, the sum of $50 . 00 For each additional dwelling unit over two, under the same roof, one connection, the sum of $25 .00 (2) Industrial, Commercial, Church of School For each industrial establishment, each hotel, or other commercial consumer, one connection, the sum of $25 .00 For each Church and each school building, one connection, the sum of $25 .00 12/15/2000 01:38 7173289791 STEIGERSTEIGERMEYERS rAuL Of The rates for persons owning property connected to the sewer system and served with metered water service by the Water Company, shall at the option of the Townelhip pay a rental for sanitary sewer service based on the amount of water used through the use of water meters installed and maintained by the Water Company, provided, however, that such rates shall not be put into effect until established by an ordinance setting such rates. 2 . All other provisions of Ordinance No.. ` 122-86 as amended by Ordinance No. 128-95 shall remain in full force and effect. 3 . This ordinance amending Ordinance No. 12B-86 as amended by Ordinance No. 128-95 shall become effective January 2, 2001 for the billings February 1, 2001 and all billings thereafter. Passed by the Supervisors of Peters township in regular meeting this 4a,l day of , 20 )1. (Seal) b<",,,,f_ aighlele Chairman • Secretary _� r uperviso 69 ORDINANCE NO. 444-0 I AN ORDINANCE AMENDING ORDINANCE NO. 12B-86 ENACTED DECEMBER 26m, 1986, AS AMENDED BY ORDINANCES NOS. 2-A-90 ENACTED JANUARY 26TH, 1990, NO. 12B-95 ENACTED DECEMBER 29TH, 1995, AND NO. 1-01 ENACTED JANUARY 2ND,2001,IMPOSING SEWER RENTALS OR CHARGES FOR THE USE OF THE SEWERS OR SEWER SYSTEM IN THE UPTON DISTRICT SEWER SYSTEM, PETERS TOWNSHIP, FRANKLIN COUNTY, PENNSYLVANIA, UPON THE OWNERS OF PROPERTY SERVED, OR TO BE SERVED, BY SUCH SEWERS OR SEWER SYSTEM: IMPOSING SUCH CONNECTION CHARGES: PROVIDING FOR THE COLLECTION THEREOF AND THE FILING OF LIENS THEREFOR, AND PROVIDING FOR RULES AND REGULATIONS. BE IT ORDAINED by the Board of Supervisors of the Township ofPeters,Franklin County, Pennsylvania,that Peters Township Ordinance No. 12B-86 as amended by Ordinances Nos. 2-A-90, 12B-95 and 1-01, is hereby further amended as follows: 1. SECTION 2. Imposition of Connection Charge There is hereby imposed upon all owners of property not connected to the Upton District Sewer System on the effective date of this Ordinance, but connected to the System after the effective date of this Ordinance, a connection charge in the amount of$3,000.00. 2. All other provisions of Ordinance No. 12B-86 as amended by Ordinances Nos.2-A-90, 12B- 95 and 1-01 shall remain in full force and effect. 3. This Ordinance amending Ordinance No. 12B-86 as amended by Ordinances Nos. 2-A-90, 12B-95 and 1-01 shall become effective immediately upon passage for all applications for connections made thereafter. Passed by the Supervisors of Peters Township at t e meeting held this 12th day of April, 2001. (1 if,A,01%e Chairman (Seal) _ zeogt a'+x / Supervisor Secretary 3$16 NEW BUSINESS: TAPPING FEES FOR THE UPTON WASTE WATER TREATMENT SYSTEM Price made a motion, seconded by Rotz to approve Resolution#1-A-09 to increase the tapping fees for connecting to the Upton Waste Water Treatment System to.$6,200.00 effective immediately. A vote called for,.all members voted aye. Motion carried. 5 January 2009 VIA FACSIMILE 717.328.9800 0 June Pine, Administrative Assistant Cn Peters Township.Supervisors to P.O. Box 88 tv 5000 Steele Avenue • Lemasters PA 17231 Re: Upton WWTP Service Area Tapping Fee Evaluation DR&A Project No. 082001 Dear June, As discussed,we have prepared an evaluation of the tapping fees associated with the Upton sewer system. This evaluation includes costs associated with the recently completed upgrade. The costs used in the tapping fee evaluation include construction costs, engineering fees, inspection fees,well installation costs, electrical construction costs including the cost of the - generator, labor costs of supervisors staff and the costs associated with sludge removal. The sludge removal fees have been estimated to be $30,000 for this evaluation. The total costs of the new treatment facility is $517,788.59. As discussed this morning, I understand the present worth of the Upton facility,not including the recently constructed improvements,has been established as $74,007 by the Township's insurance company. This results in the value of the facility being $591,795.59. 'These costs are associated with a treatment capacity of 25,000 gallons per day. Therefore, the cost of the new facility on a dollars per gallon basis may be determined as follows: $591,795.59=$23.67/gallon 25,000 GPD . The Department of Environmental protection defines a"User" as generating 262.5 • gallons per day (GPD);therefore,the cost per user may be determined as follows: 262.5 GPD x $23.67/gallon=$6,213.38 per user. Should you have any questions or require additional information,please don't hesitate to contact this office. Sincerely, DAVIS,RENN & ASSOCIATES,INC. Stephen C. Cvijanovich : Project Manager 109 ORDINANCE NO 6--A-09 AN ORDINANCE OF THE TOWNSHIP OF PETERS, FRANKLIN COUNTY, PENNSYLVANIA, AMENDING ORDINANCE NO. 2A-92 REQUIRING ALL OWNERS OF IMPROVED PROPERTY LOCATED WITHIN THIS TOWNSHIP AND ACCESSIBLE TO AND WHOSE PRINCIPAL BUILDING IS WITHIN 150 FEET FROM THE SEWER SYSTEM TO BE ACQUIRE]) AND CONSTRUCTED BY PETERS TOWNSHIP MUNICIPAL AUTHORITY OF FRANKLIN COUNTY TO CONNECT THEREWITH UPON NOTICE BY THIS TOWNSHIP; REGULATING THE MANNER OF MAKING CONNECTIONS; AUTHORIZING THIS TOWNSHIP TO MAKE CONNECTIONS AT THE COST AND EXPENSE OF ANY OWNER OF AN IMPROVED PROPERTY WHO FAILS TO MAKE SUCH CONNECTION; ' ADOPTING CERTAIN RULES AND REGULATIONS AND PROVIDING FOR ADOPTION OF ADDITIONAL RULES AND REGULATIONS; PROHIBITING THE CONNECTION OF PRIVY VAULTS, CESSPOOLS, SINKHOLES, SEPTIC TANKS AND SIMILAR RECEPTACLES TO ANY SEWER; PROHIBITING THE MAINTENANCE OF CERTAIN RECEPTACLES AND REQUIRING ABANDONMENT THEREOF WHERE A SEWER IS AVAILABLE; SETTING FORTH RELATED MATTERS; AND PRESCRIBING PENALTIES FOR BE IT ENACTED AND ORDAINED by the Board of Supervisors of Peters Township, Franklin County, Pennsylvania, and it hereby is enacted and ordained by authority of the same as follows: Article I. Definitions of Ordinance 2A-92 is amended to add the following definitions: L. Mercersburg Sewer Authority means the Municipal Authority created by the Borough of Mercersburg which may provide sewer service to properties situated in Peters Township within the limits of the well head protection district surrounding the Borough of Mercersburg Well No. 3 as provided in an intermunicipal sewer service agreement between Mercersburg Borough, Mercersburg Sewer Authority and Peters Township. M. Sewer Service District shall mean the properties within Peters Township located in the well head protection district surrounding the Borough of Mercersburg Well No. 3 which the Peters Township Supervisors agree may be provided sewer service by the Mercersburg Sewer Authority under the terms of the intermunicipal sewer service agreement between Mercersburg Borough, Mercersburg Sewer Authority and Peters Township. 110 Article II . Section 2.01 of Ordinance 2A-92 is amended to add the following additional paragraphs: 2. O1A Any owner of property within the Sewer Service District adjoining or adjacent to either the Peters Township Municipal Authority sanitary sewer system or the Mercersburg Sewer Authority sanitary sewer system whose structure which generates sanitary waste is within one hundred and fifty (150) feet of either sanitary sewer system shall be required to connect with and use the sanitary sewer. This requirement applies to structures currently erected, or to be erected, which generate sanitary waste. Upon connection CM every property owner shall be required to use the system as its CD only method of sewerage disposal. Said connection to the CR Authority' s sewer system and subsequent service shall be fully governed by the Rules and Regulations of the sanitary sewer system to which the connection is made as may be amended from time to time. 2 . 01B Property served by an on-lot septic system constructed after 1972, and properly permitted by the Pennsylvania Department of Environmental Protection as determined by Peters Township' s Sewage Enforcement officer (SEO) , that is fully functional as determined by the SEO, shall not be required to connect to the sanitary sewer system, unless the on-lot system fails and the SEO determines that the on-lot system can not be adequately repaired. Article III. This amendment shall become effective upon its enactment. ENACTED AND ORDAINED this 11th day of June , 2009, by the Board of Supervisors of Peters Township. Board of Supervisors of Peters Township 4_, 4 Cha'lk n /AVG ` Supervisor plA. AP/ Su e visor (TOWNSHIP SEAL) g4; Towns p Secretary 95 TOWNSHIP OF PETERS , Franklin County. Pennsylvania ORDINANCE NO . O0 9.. 7'z AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE TOWNSHIP OF. PETERS , FRANKLIN COUNTY, PENNSYLVANIA, REQUIRING ALL OWNERS OF IMPROVED PROPERTY LOCATED WITHIN THIS TOWNSHIP AND ACCESSIBLE TO ( AND WHOSE PRINCIPAL BUILDING IS WITHIN 150 .FEET FROM THE SEWER SYSTEM TO BE ACQUIRED AND CONSTRUCTED BY PETERS TOWNSHIP MUNICIPAL AUTHORITY OF FRANKLIN COUNTY TO CONNECT THEREWITH UPON NOTICE BY THIS TOWNSHIP; REGULATING THE MANNER OF MAKING CONNECTIONS ; AUTHORIZING THIS TOWNSHIP TO MAKE CONNECTIONS AT THE COST AND EXPENSE OF ANY OWNER OF AN IMPROVED PROPERTY WHO FAILS TO MAKE SUCH CONNECTION; ADOPTING CERTAIN RULES AND REGULATIONS AND PROVIDING FOR ADOPTION OF ADDITIONAL RULES AND REGULATIONS ; PROHIBITING THE CONNECTION OF PRIVY VAULTS , CESSPOOLS , SINKHOLES , SEPTIC TANKS AND SIMILAR RECEPTACLES TO ANY SEWER; PROHIBITING THE MAINTENANCE OF CERTAIN RECEPTACLES AND REQUIRING ABANDONMENT THEREOF WHERE A SEWER IS AVAILABLE; SETTING FORTH RELATED MATTERS ; AND PRESCRIBING PENALTIES FOR VIOLATION. The Board of Supervisors of the Township of Peters , Franklin County, Pennsylvania, enacts and ordains as follows : ARTICLE I DEFINITIONS SECTION 1 . 01 . Unless the context specifically and clearly indicates otherwise , the meaning of terms and phrases used in this Ordinance shall be as follows : A. "Authority" means Peters Township Municipal Authority of Franklin County, a Pennsylvania municipality authority. B. "Building Sewer" means the extension from the sewage drainage system of any structure to the Lateral of a Sewer . C . "Improved Property" means any property located within this Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure Sanitary Sewage and/or Industrial Wastes shall be or may be discharged . D. "Industrial Wastes" means any solid , liquid or gaseous substance or water borne wastes or form of energy rejected or escaping in the course of any industrial , manufacturing , trade or business process or in the course of the development , recovery or processing of natural resources , as distinct from Sanitary Sewage . - 2 - 97 E. "Lateral" means that part of the Sewer System extending from a Sewer to the curb line or , if there shall be no curb line , extending to the property line or , if applicable , to a grinder pump unit , if no such Lateral shall be provided , then "Lateral" shall mean that portion of , or place in, a Sewer which is provided for connection of any Building Sewer . F. "Owner" means any Person vested with ownership, legal or equitable , sole or partial , of any Improved Property. G. "Person" means any individual , partnership, company, association, society, corporation or other group or entity. H. "Sanitary Sewage" means normal water-carried household and toilet wastes discharged from any Improved Property. I . "Sewer" means any pipe or conduit constituting a part of the Sewer System used or usable for sewage collection purposes . J . "Sewer System" means all facilities , as of any particular time, for collecting, transporting, pumping, treating and/or disposing of Sanitary Sewage and/or Industrial Wastes , - 3 - *1k situate in this Township, to be constructed , acquired , owned , maintained and operated by the Authority for rendering sewage service in and for certain portions of this Township . K. "Township" means the Township of Peters , Franklin County, Pennsylvania, acting by and through its Board of Supervisors or , in appropriate cases , by and through its authorized representatives . ARTICLE II USE OF PUBLIC SEWERS REQUIRED SECTION 2 . 01 . The Owner of any Improved Property located in this Township and accessible to and whose principal building is within 150 feet from the Sewer System, shall connect such Improved Property to the Sewer System, in such manner as this Township and the Authority may require , within 60 days after notice to such Owner from this Township to make such connection, for the purpose of discharge of all Sanitary Sewage and Industrial Wastes from such Improved Property, subject to such limitations and restrictions as shall be established herein or otherwise shall be established by this Township or the Authority, from time to time . - 4 - 99 SECTION 2 . 02 . All Sanitary Sewage and Industrial Wastes from any Improved Property, after connection of such Improved Property with a Sewer shall be required under Section 2 . 01 , shall be conducted into a Sewer , subject to such limitations and restrictions as shall be established herein or otherwise shall be established by this Township or the Authority from time to time . SECTION 2 . 03 . No Person shall place or deposit or permit to be placed or deposited upon public or private property within this Township any Sanitary Sewage or Industrial Wastes in violation of Section 2 . 01 . No person shall discharge or permit to be discharged to any natural outlet within this Township any Sanitary Sewage or Industrial Wastes in violation of Section 2 . 01 , except where suitable treatment has been provided which is satisfactory to this Township and the Authority. SECTION 2 . 04. No privy vault , cesspool , sinkhole , septic tank or similar receptacle shall be used and maintained at any time upon any Improved Property which has been connected to a Sewer or which shall be required under Section 2 . 01 to be connected to a Sewer . - 5 - lUU Every such privy vault , cesspool , sinkhole , septic tank or similar receptacle in existence shall be abandoned and , at the discretion of this Township, shall be cleansed and filled at the expense of the Owner of such Improved Property and under the direction and supervision of this Township; and any such privy vault , cesspool , sinkhole , septic tank or similar receptacle not so abandoned and , if required by this Township , cleansed and filled , shall constitute a nuisance and such nuisance may be abated as provided by law, at the expense of the Owner of such Improved Property. SECTION 2 . 05 . No privy vault , cesspool , sinkhole , septic tank or similar receptacle at any time shall be connected with a Sewer . SECTION 2 . 06 . The notice by this Township to make a connection to a Sewer , referred to in Section 2 . 01 , shall consist of a copy of this Ordinance , including any amendments and/or supplements at the time in effect , or a brief summary of each section thereof , and a written or printed document requiring such connection in accordance with the provisions of this Ordinance and specifying that such connection shall be made within 60 days from the date such notice is given. Such notice may be given at any time after a Sewer is in place which can receive and convey Sanitary Sewage and Industrial Wastes for treatment and disposal - 6 - 101 from the particular Improved Property. Such notice shall be served upon the Owner either by personal service or by registered mail or by such other method as at the time may be provided by law. ARTICLE III BUILDING SEWERS AND CONNECTIONS SECTION 3 . 01 . No Person shall uncover , connect with, make any opening into or use , alter or disturb , in any manner , any Sewer or the Sewer System without first making application for and securing a permit , in writing, from the Authority. SECTION 3 . 02 . Except as otherwise provided in this Section 3 . 02 , each Improved Property shall be connected separately and independently with a Sewer through a Building Sewer . Grouping of more than one Improved Property on one Building Sewer shall not be permitted , except under special circumstances and for good sanitary reasons or other good cause shown, and then only after special permission of this Township and the Authority, in writing, shall have been secured and subject to such rules , regulations and conditions as may be prescribed by this Township or the Authority. - 7 - 102 SECTION 3 . 03 . All costs and expenses of construction of a Building Sewer and all costs and expenses of connection of a Building Sewer to a Lateral , including testing , shall be borne by the Owner of the Improved Property to be connected ; and such Owner shall indemnify and save harmless this Township and the Authority from all loss or damage that may be occasioned , directly or indirectly, as a result of construction of a Building Sewer or of connection of a Building Sewer to a Lateral . SECTION 3 . 04. A Building Sewer shall be connected to a Sewer at the place designated by the Authority and where the Lateral is provided . The invert of a Building Sewer at the point of connection to a Lateral shall be at the same or a higher elevation than the invert of the Lateral . A smooth, neat joint shall be made and the connection of a Building Sewer to the Lateral shall be made secure and watertight . SECTION 3 . 05 . If the Owner of any Improved Property located in this Township and accessible to and whose principal building is within 150 feet from the Sewer System, after 60 days ' notice from this Township, in accordance with Section 2 . 01 , shall fail to connect such Improved Property, as required , this Township may make such connection and may collect from such Owner - 8 - 103 the costs and expenses thereof . In such case , this Township shall forthwith, upon completion of the work, send an itemized bill of the cost of the construction of such connection to the Owner of the Improved Property to which connection has been so made , which bill shall be payable forthwith. In case of neglect or refusal by the Owner of such Improved Property to pay said bill , this Township shall file a municipal lien for said construction within 6 months of the date of the completion of the construction of said connection, the same to be subject in all respects to the general law providing for the filing and recovery of municipal liens . ARTICLE IV RULES AND REGULATIONS GOVERNING BUILDING SEWERS AND CONNECTIONS TO SEWERS SECTION 4. 01 . Where an Improved Property, at the time connection to a Sewer is required , shall be served by its own sewage disposal system or device , the existing house sewer line shall be broken on the structure side of such sewage disposal system or device and attachment shall be made , with proper fittings , to continue such house sewer line , as a Building Sewer . - 9 - 104 kod SECTION 4. 02 . No Building Sewer shall be covered until tft it has been inspected and approved by this Township and the Authority. If any part of a Building Sewer is covered before so being inspected and approved , it shall be uncovered for inspection at the cost and expense of the Owner of the Improved Property to be connected to a Sewer . SECTION 4 . 03 . Every Building Sewer of any Improved Property shall be maintained in a sanitary and safe operating condition by the Owner of such Improved Property. SECTION 4. 04. Every excavation for a Building Sewer shall be guarded adequately with barricades and lights to protect all Persons from damage and injury. Streets , sidewalks and other public property disturbed in the course of installation of a Building Sewer shall be restored , at the cost and expense of the Owner of the Improved Property being connected , in a manner satisfactory to this Township and the Authority. SECTION 4. 05 . If any Person shall fail or refuse , upon receipt of a notice of this Township or the Authority, in writing, to remedy any unsatisfactory condition with respect to a Building Sewer , within 60 days of receipt of such notice , this Township or the Authority may refuse to permit such Person to discharge Sanitary Sewage and Industrial Wastes into the Sewer - 10 - 105 System until such unsatisfactory condition shall have been remedied to the satisfaction of this Township and the Authority. SECTION 4. 06 . This Township reserves the right to adopt , from time to time , additional rules and regulations as it shall deem necessary and proper relating to connections with a Sewer and the Sewer System, which additional rules and regulations , to the extent appropriate , shall be and shall be construed as part of this Ordinance . ARTICLE V ENFORCEMENT SECTION 5 . 01 . Any Person who shall violate this Ordinance shall be liable , upon summary conviction for a first offense and upon summary conviction for each subsequent offense , to a fine of not less than $100 . 00, nor more than $300 . 00 , together with costs of prosecution in each case . Each day that a violation shall continue shall be deemed and shall be taken to be a separate offense and shall be punishable as such. SECTION 5 . 02 . Fines and costs imposed under provisions of this Ordinance shall be enforceable and recoverable in the manner at the time provided by applicable law. - 11 - 106 C, c ARTICLE VI SEVERABILITY SECTION 6 . 01 . In the event any provision, section, sentence , clause or part of this Ordinance shall be held to be invalid , such invalidity shall not affect or impair any remaining provision, section, sentence , clause or part of this Ordinance, it being the intent of this Township that such remainder shall be and shall remain in full force and effect . ARTICLE VII DECLARATION OF PURPOSE SECTION 7 . 01 . It is declared that enactment of this Ordinance is necessary for the protection, benefit , and preservation of the health, safety and welfare of inhabitants of this Township . - 12 - .f� 107 :J ARTICLE VIII REPEALER SECTION 8 . 01 . All ordinances or parts of ordinances inconsistent with this Ordinance shall be and the same expressly are repealed . ARTICLE IX EFFECTIVE DATE SECTION 9 . 01 . This Ordinance shall become effective as provided by law. DULY ENACTED AND ORDAINED this /J 014 day of February, 1992 , by the Board of Supervisors of the Township of Peters , Franklin County, Pennsylvania, in lawful session duly assembled . TOWNSHIP OF PETERS , AT . ST : Fran in County, Pennsylvania 4! .21 / ►__ '. .�r�,Lt�/ By: Secre ary airman of Board of Supervisors (SEAL) i VV TOWNSHIP OF PETERS . Franklin County. Pennsylvania ORDINANCE NO. a2312 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE TOWNSHIP OF PETERS , FRANKLIN COUNTY, PENNSYLVANIA, GRANTING TO PETERS TOWNSHIP MUNICIPAL AUTHORITY OF FRANKLIN COUNTY CERTAIN RIGHTS AND PRIVILEGES IN, ALONG, OVER AND UNDER ROADS , STREETS , LANES , ALLEYS , COURTS , PUBLIC SQUARES , HIGHWAYS AND OTHER PROPERTIES OF THIS TOWNSHIP FOR USE IN CONNECTION WITH THE SEWER SYSTEM TO BE CONSTRUCTED AND ACQUIRED BY SAID AUTHORITY; AND PROVIDING FOR REGULATING THE MANNER IN WHICH SUCH RIGHTS AND PRIVILEGES SHALL BE EXERCISED. WHEREAS , Peters Township Municipal Authority of Franklin County (the "Authority") , with the consent of this Township, plans to acquire and construct a complete sanitary sewage collection and treatment system, including all related appurtenant facilities , for rendering sewage service in and for certain portions of this Township (the "Sewer System") . NOW, THEREFORE, BE IT ENACTED AND ORDAINEI Lc'ard of Supervisors of the Township of Peters , Franklin County. Pennsylvania, as follows : 109 SECTION 1 . This Township grants to the Authority, its successors and assigns , all easements , rights of way and other rights and privileges necessary and desirable in, along, over and under roads , streets , lanes , alleys , courts , public squares , highways and other properties of this Township, together with free ingress , egress and regress therein and thereto, along with other persons having interests , rights or privileges therein, for use in connection with constructing , replacing , repairing , altering, maintaining and operating the Sewer System, as the same shall exist , from time to time . SECTION 2 . The rights and privileges granted to the Authority under Section 1 shall be exercised by the Authority under and subject to such reasonable rules , regulations and conditions as shall be adopted and specified , from time to time , by this Township; and this Township reserves the right to adopt and specify, from time to time , such reasonable rules , regulations and conditions in connection with exercise by the Authority of such rights and privileges . SECTION 3 . This Ordinance shall become effective as provided by law. SECTION 4. In the event any provision, section, sentence , clause or part of this Ordinance shall be held to be - 2 - J.v v tX 1 invalid , such invalidity shall not affect or impair any remaining provision, section, sentence , clause or part of this Ordinance , it being the intent of this Township that such remainder shall be and shall remain in full force and effect . SECTION 5 . All ordinances or parts of ordinances inconsistent herewith expressly are repealed . DULY ENACTED AND ORDAINED, this 0 o day of February, Y 1992 , by the Board of Supervisors of the Township of Peters , Franklin County, Pennsylvania, in lawful session duly assembled . TOWNSHIP OF PETERS , ATTEST: / Franklin County, Pennsylvania f // / Secr -tary Chairman of Board of Supervisors (SEAL) 111 TOWNSHIP OF PETERS . Franklin County, Pennsylvania ORDINANCE NO . Z-12. 672 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE TOWNSHIP OF PETERS , FRANKLIN COUNTY, PENNSYLVANIA, APPROVING AND AUTHORIZING THIS TOWNSHIP TO ENTER INTO AN AGREEMENT WITH PETERS TOWNSHIP MUNICIPAL AUTHORITY OF FRANKLIN COUNTY, WHEREBY THIS TOWNSHIP COVENANTS TO ENACT AN ORDINANCE OR ORDINANCES REQUIRING CERTAIN OWNERS OF IMPROVED PROPERTIES TO CONNECT TO THE SEWER SYSTEM TO BE OWNED AND OPERATED BY THE AFORESAID AUTHORITY AND GRANTING TO SAID AUTHORITY CERTAIN RIGHTS AND PRIVILEGES , IN, ALONG, OVER AND UNDER ROADS , STREETS , LANES , ALLEYS , COURTS , PUBLIC SQUARES , HIGHWAYS AND OTHER PROPERTIES OF THIS TOWNSHIP FOR USE IN CONNECTION WITH THE SEWER SYSTEM TO BE OWNED BY SAID AUTHORITY; COVENANTING TO NEITHER CONSTRUCT NOR PERMIT OR JOIN IN CONSTRUCTION OF A SEWER SYSTEM OR SEWER FACILITIES DUPLICATING, AS A COMPETING SYSTEM, ANY PART OF THE SEWER SYSTEM OF SUCH AUTHORITY, WITHOUT CONSENT OF SUCH AUTHORITY; AND AUTHORIZING AND DIRECTING THE PROPER OFFICERS OF THIS TOWNSHIP TO EXECUTE AND DELIVER THE SAID AGREEMENT IN BEHALF OF THIS TOWNSHIP. WHEREAS , Peters Township Municipal Authority of Franklin County (the "Authority") , with the approval of this Township, has determined to acquire and construct a complete sanitary sewage collection and treatment system, including all related and necessary facilities , for rendering sewage service in and for a certain portion of this Township (the "Sewer System") ; and Ei L G WHEREAS , The Authority proposes to finance the costs of the project and related costs and expenses , to the extent necessary, by issuance of certain obligations to be secured , inter alia, by revenues derived by the Authority from the construction and operation of the Sewer System; and WHEREAS , It is necessary and desirable for this Township to make certain binding covenants and agreements with the Authority in order to facilitate the construction of the Sewer System and the financing thereof , and the ownership, maintenance and operation of the Sewer System by the Authority. NOW, THEREFORE, BE IT ENACTED AND ORDAINED, by the Board of Supervisors of the Township of Peters , Franklin County, Pennsylvania, as follows : SECTION 1 . This Township shall enter into an Agreement with the Authority, substantially in the form as presented to this meeting, which form is hereby approved , whereby this Township covenants , inter alia: (1) to enact an ordinance requiring owners of improved property located within the Township and accessible to and whose principal building is within one hundred fifty feet from the Sewer System to connect therewith; (2) to enact an ordinance granting to the Authority certain - 2 - 113 rights and privileges in, along , over and under roads , streets , lanes , alleys , courts , public squares , highways and other properties of this Township for use in connection with the Sewer System; and (3) to neither construct nor permit or join in construction of a sewer system or sewer facilities duplicating, as a competing system, any part of the Sewer System, without consent of the Authority. SECTION 2 . A copy of the Agreement , in the form presented to this Township at this meeting and so approved , shall be filed with the Secretary of this Township and shall be made available for inspection at reasonable times by interested persons requesting such inspection. SECTION 3 . The Chairman or Vice Chairman of the Board of Supervisors of this Township and the Secretary or Assistant Secretary of this Township are authorized and directed , along with appropriate Authority officers , to execute and deliver said Agreement , in behalf of this Township, substantially in the form approved in Section 1 hereof . SECTION 4. This Ordinance shall become effective as provided by law. - 3 - 114 ter SECTION 5 . In the event any provision, section, sentence, clause or part of this Ordinance shall be held to be invalid , such invalidity shall not affect or impair any remaining — provision, section, sentence , clause or part of this Ordinance , it being the intent of this Township that such remainder shall be and shall remain in full force and effect . SECTION 6 . All ordinances or parts of ordinances inconsistent herewith expressly are repealed . DULY ENACTED AND ORDAINED this O day of February, 1992 , by the Board of Supervisors of the Township of Peters , Franklin County, Pennsylvania, in lawful session duly assembled . TOWNSHIP OF PETERS , AT ST: Franklin County, Pennsylvania Ii_ , .tary���.� �l/�/ ' " By: �:..��i Secre " irman of hoard of Supervisors (SEAL) } 115 AGREEMENT THIS AGREEMENT, dated as of the A5th day of February, 1992 , by and between the TOWNSHIP OF PETERS , Franklin County, Pennsylvania (the "Township") , and PETERS TOWNSHIP MUNICIPAL AUTHORITY OF FRANKLIN COUNTY (the "Authority") . WITNESSETH: WHEREAS , The Authority, pursuant to authority vested in it by law, inter alia, plans to construct and acquire a complete sanitary sewage collection and treatment system, including all related facilities for rendering sewer service in and for certain portions of the Township of Peters , Franklin County, Pennsylvania, which undertakings hereinafter are referred to as the "Project" ; and WHEREAS , The facilities contemplated by the Project and all additions , extensions , alterations and improvements which, from time to time , may be acquired or made thereto, together with all appurtenant property, real , personal and mixed , rights , powers , licenses , easements , rights of way, privileges , franchises and any and all other property or interests in property of whatsoever nature, which the Authority has acquired or hereafter shall acquire in connection therewith, hereinafter are called the "Sewer System" ; and aiv C: WHEREAS , It is necessary and desirable for the Township to make certain binding covenants and agreements with the Authority in order to facilitate the ownership and operation of the Sewer System of the Authority. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained , the parties hereto, intending to be legally bound , covenant and agree as follows : 1 . The Township covenants and agrees to enact an ordinance requiring all owners of improved property located within the Township and accessible to and whose principal building is within one hundred fifty feet from the Sewer System to connect therewith and to provide for the enforcement of such ordinance as permitted by law. The Township also covenants to keep such ordinance or a subsequent similar ordinance or ordinances requiring such connections in full force and effect continuously during the time the Authority owns or operates the Sewer System and to enforce the same as may be permitted by law, including the taking of such action as may be necessary to make any such connections as shall not be made by any owner within the time required and collecting the cost thereof from such owner or owners to the extent permitted by law. - 2 - 117 2 . The Township covenants and agrees to enact an ordinance granting to the Authority, its successors and assigns , all easements , rights of way and any and all other rights necessary and desirable in, along, over and under roads , streets , lanes , courts , alleys , public squares and other properties of the Township , together with free ingress , egress and regress therein and thereto , along with other persons having interests or rights therein, for use in connection with constructing, replacing, repairing, altering , maintaining and operating the Sewer System. 3 . The Township covenants and agrees neither to construct nor to permit or join in construction of a sewer system or sewer facilities duplicating , as a competing system, any part of the Sewer System. 4. It is the intention or the parties hereto to be legally bound by the terms and provisions hereof . IN WITNESS WHEREOF, the Township has caused this Agreement to be executed in its behalf by the Chairman of its Board of Supervisors and its seal to be affixed hereunto and attested by its Secretary, and the Authority has caused this Agreement to be executed in its behalf by its Chairman or Vice Chairman and its corporate seal to be affixed hereunto and - 3 - 110 ft attested by its Secretary or Assistant Secretary, all as of the day and year first above written. TOWNSHIP OF PETERS , ATTEST: Franklin County, Pennsylvania J r «, �.,, By: li? a , Secretary irman if the Boar of Supervisors (SEAL) PETERS TOWNSHIP MUNICIPAL ATTEST: AUTHORITY OF FRANKLIN COUNTY Secretary Chairman (SEAL) • 119 TOWNSHIP OF PETERS Franklin County. Pennsylvania RESOLUTION WHEREAS , Peters Township Municipal Authority of Franklin County (the "Authority") is a municipality authority incorporated and existing under the Pennsylvania Municipality Authorities Act of 1945 , approved May 2 , 1945 , P.L. 382 , as amended and supplemented (the "Authorities Act") ; and WHEREAS , The Authority was incorporated pursuant to an Ordinance of the Board of Supervisors of this Township; and WHEREAS , The Authority by resolution duly adopted has proposed that its Articles of Incorporation shall be amended to increase the term of existence of the Authority, which amendment is authorized and permitted by the Authorities Act ; and WHEREAS , The Authority has caused to be submitted to the Board of Supervisors of this Township a copy of the resolution adopted by the Board of the Authority, duly certified by the Secretary of the Authority, wherein said amendment is proposed , which resolution contains the language of said proposed amendment ; and izu WHEREAS , The Authorities Act provides , inter alia , that the Board of Supervisors of this Township , as the governing authority of the municipality composing the Authority, shall adopt or reject said proposed amendment by resolution. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of this Township, as follows : 1 . The Board of Supervisors of this Township adopts and approves the amendment to the Articles of Incorporation, as proposed by a resolution duly adopted by the Board of the Authority, a copy of which resolution, duly certified by the Secretary of the Authority, has been submitted to the Board of Supervisors of this Township . 2 . The amendment to the Articles of Incorporation, which is adopted and approved , shall be as follows : The following paragraph shall be added to said Articles of Incorporation: "7 . The term of existence of Peters Township Municipal Authority of Franklin County shall be for a period ending on December 31 , 2041 . " . - 2 - 121 3 . Proper officers of the Authority are authorized to execute , verify and file appropriate Articles of Amendment with the Secretary of the Commonwealth of Pennsylvania and to take all other action and do all other things which may be necessary in order to accomplish the amendment of the Articles of Incorporation of the Authority in the manner herein adopted and provided . 4. All resolutions or parts of resolutions , insofar as the same shall be inconsistent herewith, expressly are repealed . 122 CERTIFICATE I , the undersigned , Secretary of the Township of Peters , Franklin County, Pennsylvania (the "Township") , certify that the foregoing is a true and correct copy of a Resolution of the Board of Supervisors of the Township which was duly enacted by affirmative vote of a majority of the members of the Board of Supervisors of the Township at a meeting duly held on February , 1992 ; and that said Resolution remains in effect , unaltered and unamended , as of the date of this Certificate . IN WITNESS WHEREOF, I set my hand and affix the official seal of the Township, this day of February, 1992 . Secretary (SEAL) 123 TOWNSHIP OF PETERS Franklin County, Pennsylvania ORDINANCE NO. 3A-92 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THIS TOWNSHIP DETERMINING TO INCUR DEBT IN THE AGGREGATE PRINCIPAL AMOUNT OF $3 , 883 , 667 ; DETERMINING THAT SUCH DEBT SHALL BE INCURRED AS LEASE RENTAL DEBT TO BE EVIDENCED BY A GUARANTEED PROMISSORY NOTE AND A GUARANTEED SEWER REVENUE BOND, BOTH TO BE AUTHORIZED AND TO BE ISSUED BY PETERS TOWNSHIP MUNICIPAL AUTHORITY OF FRANKLIN COUNTY; BRIEFLY DESCRIBING THE PROJECT FOR WHICH SAID DEBT IS TO BE INCURRED AND SPECIFYING THE REALISTIC USEFUL LIFE OF SAID PROJECT; APPROVING THE CONSULTING - ENGINEERS REPORT RELATING TO NET LEASE RENTAL DEBT; AUTHORIZING AND DIRECTING PROPER OFFICERS OF THIS TOWNSHIP TO PREPARE, EXECUTE, VERIFY AND FILE THE DEBT STATEMENT, THE BORROWING BASE CERTIFICATE, THE APPLICATION FOR EXCLUSION OF SELF-LIQUIDATING DEBT AND OTHER APPROPRIATE DOCUMENTS REQUIRED BY THE ACT OF THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF PENNSYLVANIA, APPROVED APRIL 28 , 1978, ACT NO . 52 , AS AMENDED AND SUPPLEMENTED, KNOWN AS THE "LOCAL GOVERNMENT UNIT DEBT ACT" , AND, UPON APPROVAL BY THE PENNSYLVANIA DEPARTMENT OF COMMUNITY AFFAIRS , TO EXECUTE, ATTEST AND DELIVER GUARANTY AGREEMENTS WITH RESPECT TO SAID PROJECT AND SAID GUARANTEED PROMISSORY NOTE AND SAID GUARANTEED SEWER REVENUE BOND OF SAID AUTHORITY; APPROVING THE FORMS OF SAID GUARANTY AGREEMENTS ; GUARANTEEING PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID GUARANTEED PROMISSORY NOTE AND SAID GUARANTEED SEWER REVENUE BOND OF SAID AUTHORITY AND MAKING CERTAIN COVENANTS WITH RESPECT THERETO; SETTING FORTH THE DEBT SERVICE TO WHICH SAID GUARANTIES ARE APPLICABLE; ESTABLISHING SINKING FUNDS AND APPOINTING A SINKING FUND DEPOSITARY WITH RESPECT TO SAID GUARANTIES ; AND PROVIDING FOR 3,'44 c PROPER OFFICERS OF THIS TOWNSHIP TO TAKE ALL OTHER REQUIRED, NECESSARY OR DESIRABLE RELATED ACTION IN CONNECTION WITH SAID PROJECT AND SAID GUARANTY AGREEMENTS . WHEREAS , This Township is existing under laws of the Commonwealth of Pennsylvania (the "Commonwealth") and is a "local government unit" , as such term is defined under the Act of the General Assembly of the Commonwealth, approved April 28 , 1978 , Act No. 52 , as amended and supplemented , known as the Local Government Unit Debt Act (the "Act") ; and WHEREAS , Peters Township Municipal Authority of Franklin County (the "Authority") is a municipality authority organized and existing under the Pennsylvania Municipality Authorities Act of 1945 , approved May 2 , 1945 , P.L. 382, as amended and supplemented ; and WHEREAS , The Authority, pursuant to authority vested in it by law and pursuant to the request of this Township, has determined to construct and acquire a complete sanitary sewage collection and treatment system for rendering sewage collection and treatment service in and for certain portions of this Township. - 2 - 125 NOW, THEREFORE, BE IT ENACTED AND ORDAINED by the Board of Supervisors of the Township of Peters , Franklin County, Pennsylvania, as follows : 1 . The Board of Supervisors of this Township authorizes and requests the Authority to undertake the financing , to the extent required , and the acquisition and construction of a complete sanitary sewage collection and treatment system for rendering sewage collection and treatment service in and for certain portions of this Township , which undertakings are referred to herein as the "Project" . 2 . The Board of Supervisors of this Township hereby determines that the realistic estimated useful life of the Project is not less than 40 years . 3 . The Board of Supervisors of this Township hereby determines to incur "debt , " as such term is defined in the Act , as "lease rental debt , " as such term is defined in the Act , in connection with the financing of the Project by the Authority. 4. The debt to be incurred , as lease rental debt , as set forth in Paragraph 3 hereof , shall be in the principal amount of $3 , 883 , 667 and shall be evidenced by the Note Guaranty Agreement and the Bond Guaranty Agreement hereinafter - 3 - 126 u'r r M11 Y referred to and the Authority' s Guaranteed Promissory Note, in the principal amount of $1 ,913 , 667 (the "Note") and the Authority' s Guaranteed Sewer Revenue Bond , in the principal amount of $1 , 970, 000 (the "Bond") . The Note and the Bond shall be secured by, inter alia, a pledge of the receipts , revenues and moneys to be derived by the Authority from operation of the Project . 5 . This Township shall enter into a Note Guaranty Agreement (the "Note Guaranty Agreement") , substantially in the form referred to in Paragraph 6 hereof , with respect to the guaranty by this Township of the full payment of the principal of and interest on the Note . 6 . The Note Guaranty Agreement shall be — substantially in the form presented to this meeting, which form is approved ; and a copy of the Note Guaranty Agreement , in the form so presented to this meeting and so approved , shall be filed with the Secretary of this Township for inspection, at reasonable times , by interested persons requesting such inspection. 7 . This Township shall enter into a Bond Guaranty Agreement (the "Bond Guaranty Agreement") , substantially in the form referred to in Paragraph 8 hereof , with respect to the - 4 - 127 guaranty by this Township of the full payment of the principal of and interest on the Bond . 8 . The Bond Guaranty Agreement shall be substantially in the form presented to this meeting, which form is approved ; and a copy of the Bond Guaranty Agreement , in the form so presented to this meeting and so approved , shall be filed with the Secretary of this Township for inspection, at reasonable times , by interested persons requesting such inspection. 9 . The Chairman or Vice Chairman of the Board of Supervisors and the Secretary of this Township are authorized and directed : (a) to prepare , certify and file with the Pennsylvania Department of Community Affairs (the "Department") , a debt statement as required by Section 410 of the Act ; (b) to prepare and execute a borrowing base certificate required by the Act to be appended to the debt statement of this Township referred to in subsection (a) of this Paragraph; and (c) to prepare and file originally and thereafter, as required , with the Department , appropriate statements required by Section 206 of the Act which are necessary to qualify all or a part of the lease rental debt of this Township which is subject to exclusion from the appropriate debt limit of this Township as self-liquidating - 5 - ..__.__..................._.._--. 128 fT debt . For such purpose the Board of Supervisors of the Township approves the engineering report prepared by Davis , Renn & Associates , Inc . with respect to the Project pursuant to Section 206 of the Act and submitted to the Board of Supervisors of this Township, for filing with the Department . 10 . The Chairman or Vice Chairman of the Board of Supervisors of this Township and Secretary of this Township are authorized and directed to execute and deliver the Note Guaranty Agreement in behalf of this Township, in substantially the form approved in Paragraph 6 hereof , or with such changes as such officers shall approve , their execution to constitute conclusive evidence of such approval ; Provided , however , that such execution and delivery of the Note Guaranty Agreement shall be subject to compliance by this Township with applicable -- provisions of the Act . This Township authorizes delivery of the Note Guaranty Agreement to the Pennsylvania Infrastructure Investment Authority, the registered owner of the Note , for purposes set forth in the Note Guaranty Agreement . 11 . The Chairman or Vice Chairman of the Board of Supervisors and Secretary of this Township are authorized and directed to execute and deliver the Bond Guaranty Agreement in behalf of this Township, in substantially the form approved in Paragraph 8 hereof , or with such changes as such officers shall - 6 - —, 129 approve , their execution to constitute conclusive evidence of such approval ; Provided , however , that such execution and delivery of the Bond Guaranty Agreement shall be subject to compliance by this Township with applicable provisions of the Act . This Township authorizes delivery of the Bond Guaranty Agreement to the Farmers Home Administration of the United States Department of Agriculture , the initial registered owner of the Bond , for purposes set forth in the Bond Guaranty Agreement . 12 . The Chairman or Vice Chairman of the Board of Supervisors of this Township and Secretary of this Township are authorized and directed to make application for approval with respect to the Note Guaranty Agreement and the Bond Guaranty Agreement , as required by Section 411(b) of the Act , and to pay or cause to be paid to the Department all proper filing fees required by the Act and to take all other required and appropriate action. 13 . This Township hereby guarantees the full payment of the principal of and interest on the Note and in furtherance thereof covenants and agrees with the registered owner from time to time of the Note that if the Authority shall fail to pay the full amount of the principal of and interest on the Note when the same becomes due and payable , at the times and - 7 - 130 tx place, under the terms and conditions and in the manner prescribed in the Note , this Township will pay the full amount of such principal and interest to the registered owner of the Note . This Township agrees and hereby covenants with the registered owner of the Note that this Township shall include the amount of debt service on the Note for each fiscal year of this Township in which such sums are payable in its budget for that fiscal year , that this Township, in the event the Authority shall fail to pay the full amount or the principal of and interest on the Note when due and payable , at the times and places , under terms and conditions and in the manner prescribed in the Note, shall appropriate and duly and punctually pay or cause to be paid the full amount of such principal of and interest on the Note on the dates and at the place and in the manner stated in the Note according to the true interest and meaning hereof . For such budgeting, appropriation and payment this Township hereby does pledge its full faith, credit and taxing power and hereby does agree that this covenant shall be specifically enforceable . This Township agrees that the debt service in each of its fiscal years with respect to the Note to which the foregoing guaranty shall apply is as follows : - 8 - 131 Fiscal Year Ending December 31 Debt Service 1993 $ 48 ,895 . 93 1994 $146 , 687 . 78 1995 $146 , 687 . 77 1996 $146 , 687 . 77 1997 $152 , 777 . 42 1998 $157 , 127 . 16 1999 $157 , 127 . 16 2000 $157 , 127 . 16 2001 $157 , 127 . 15 2002 $157 , 127 . 15 2003 $157 , 127 . 16 2004 $157 , 127 . 19 2005 $157 , 127 . 16 2006 $157 , 127 . 14 2007 $157 , 127 . 12 2008 $157 , 127 . 19 2009 $157 , 127 . 19 2010 $157 , 127 . 18 2011 $157 , 127 . 17 2012 $ 65 , 477 . 08 14 . There is created a sinking fund of this Township for the guaranty of this Township related to the Note , to be known as "Sinking Fund - Peters Township Municipal Authority of Franklin County:PENNVEST Note" . Said sinking fund shall be administered in the manner provided by the Act for administration of sinking funds created pursuant to the Act . This Township covenants and agrees to pay into the aforesaid sinking fund all moneys , if any, required to be paid to registered owner of the Note pursuant to provisions of the Note Guaranty Agreement on or before the dates required for - 9 - 132 such payment pursuant to terms of the Note Guaranty Agreement . Moneys so deposited shall be paid to registered owner of the Note by the sinking fund depositary appointed in Paragraph 15 hereof , in behalf of this Township, pursuant to terms of the Note Guaranty Agreement on the dates and in the manner required by terms of the Note Guaranty Agreement . 15 . This Township appoints Chambersburg Trust Company, Chambersburg , Pennsylvania, as the sinking fund depositary with respect to the sinking fund created pursuant to Paragraph 14 hereof . 16 . This Township hereby guarantees the full payment of the principal of and interest on the Bond and in furtherance thereof covenants and agrees with the registered owner from time to time of the Bond that if the Authority shall fail to pay the full amount of the principal of and interest on the Bond when the same becomes due and payable, at the times and place, under the terms and conditions and in the manner prescribed in the Bond , this Township will pay the full amount of such principal and interest to the registered owner of the Bond . This Township agrees and hereby covenants with the registered owner of the Bond that this Township shall include - 10 - 133 the amount of debt service on the Bond for each fiscal year of this Township in which such sums are payable in its budget for that fiscal year , that this Township, in the event the Authority shall fail to pay the full amount or the principal of and interest on the Bond when due and payable, at the times and places , under terms and conditions and in the manner prescribed in the Bond , shall appropriate and duly and punctually pay or cause to be paid the full amount of such principal of and interest on the Bond on the dates and at the place and in the manner stated in the Bond according to the true interest and meaning hereof . For such budgeting , appropriation and payment this Township hereby does pledge its full faith, credit and taxing power and hereby does agree that this covenant shall be specifically enforceable . This Township agrees that the debt service in each of its fiscal years with respect to the Bond to which the foregoing guaranty shall apply is as follows : Fiscal Year Ending December 31 Debt Service 1994 $ 94, 699 . 99 1995 $142 , 050 . 02 1996 $142, 050. 00 1997 $142 , 049. 96 1998 $142 , 050. 03 1999 $142 , 050. 00 2000 $142 , 049 . 98 2001 $142, 049 . 98 2002 $142, 050. 03 - 11 - Ct two Fiscal Year Ending December 31 Debt Service 2003 $142 , 049 . 96 2004 $142 , 049 . 99 2005 $142 , 050 . 05 2006 $142 , 050 . 00 2007 $142, 050 . 01 2008 $142 , 050 . 00 2009 $142 , 051 . 97 2010 $142 , 050 . 00 2011 $142 , 050 . 01 2012 $142 , 049 . 99 2013 $142 , 050 . 01 2014 $142, 050 . 01 2015 $142 , 050 . 01 2016 $142 , 049 . 99 2017 $142 , 050 . 00 2018 $142 , 050 . 00 2019 $142 , 050 . 01 2020 $142 , 050 . 00 2021 $142 , 050 . 00 2022 $142, 050 . 00 2023 $142 , 050 . 01 2024 $142 , 050 . 01 2025 $142 , 050 . 01 2026 $142 , 050. 00 2027 $142 , 049 . 98 2028 $142 , 049 . 98 2029 $142 , 049 . 95 2030 $142 , 049 . 98 2031 $142, 050. 02 2032 $ 47 ,336 . 08 17 . There is created a sinking fund of this Township for the guaranty of this Township related to the Bond , to be known as "Sinking Fund - Peters Township Municipal Authority of Franklin County:Guaranteed Sewer Revenue Bond". Said sinking fund shall be administered in the manner provided by the Act for administration of sinking funds created pursuant to the Act . - 12 - 135 This Township covenants and agrees to pay into the aforesaid sinking fund all moneys , if any, required to be paid to registered owner of the Bond pursuant to provisions of the Bond Guaranty Agreement on or before the dates required for such payment pursuant to terms of the Bond Guaranty Agreement . Moneys so deposited shall be paid to registered owner of the Bond by the sinking fund depositary appointed in Paragraph 18 hereof , in behalf of this Township, pursuant to terms of the Bond Guaranty Agreement on the dates and in the manner required by terms of the Bond Guaranty Agreement . 18 . This Township appoints Chambersburg Trust Company, Chambersburg, Pennsylvania, as the sinking fund depositary with respect to the sinking fund created pursuant to Paragraph 17 hereof. 19 . Proper officers of this Township are authorized and directed to execute all documents and to take such other action as may be necessary to carry out the intent and purposes of this Ordinance and the undertakings of this Township under the Note Guaranty Agreement and the Bond Guaranty Agreement . 13 - . Cr DULY ENACTED AND ORDAINED this 6th day of March, 1992 , by the Board of Supervisors of the Township of Peters , Franklin County, Pennsylvania, in lawful session duly assembled . TOWNSHIP OF PETERS , Franklin County, Pennsylvania ATTEST: By: , ir 11Z, hairman o. :oard of Supervisors — Secretary (SEAL) 137 CERTIFICATE I, the undersigned , Secretary of the Township of Peters , Franklin County, Pennsylvania (the "Township") , certify that the foregoing is a true and correct copy of an Ordinance of the Board of Supervisors of the Township which was duly enacted by affirmative vote of a majority of all members of the Board of Supervisors of the Township at a meeting duly held on March 6 , 1992 ; that said Ordinance has been duly recorded in the Ordinance Book of the Township; and that said Ordinance remains in effect , unaltered and unamended, as of this date of this Certificate . IN WITNESS WHEREOF, I set my hand and affix the official seal of the Township, this 6th day of March, 1992 . Secretary (SEAL) ;.138 GUARANTY AGREEMENT THIS GUARANTY AGREEMENT, dated as of , 1992, is made and executed by the Township of Peters , Franklin County, Pennsylvania (the "Township") , a Pennsylvania municipality organized and existing under laws of the Commonwealth of Pennsylvania (the "Commonwealth") , in favor of the Farmers Home Administration of the United States Department of Agriculture (the "FmHA") , and its successors or assigns as registered owner of the Loan herein referred to. This Guaranty Agreement is joined by Peters Township Municipal Authority of Franklin County (the "Authority") , a Pennsylvania municipality authority, for the purposes of acknowledging its duties and obligations hereunder . WITNESSETH: WHEREAS , The Township is a Local Government Unit, as defined in the Pennsylvania Local Government Unit Debt Act, Act No. 52 of 1978, approved April 28, 1978, as amended and supplemented , of the Commonwealth (the "Local Government Unit Debt Act") ; and WHEREAS , The Authority is a municipality authority existing under laws of the Commonwealth, has been incorporated pursuant to appropriate action of the governing body of the 139 Township, and is existing under provisions of the Pennsylvania Municipality Authorities Act of 1945 approved May 2 , 1945 , P.L. 382 , as amended and supplemented (the "Authorities Act") ; and WHEREAS , The Authority, pursuant to powers vested in it by law and with the approval of the Township, has determined to construct and acquire a complete sanitary sewage collection and treatment system, as more fully described in the Loan Agreement (the "Project") , which facilities , together with all appurtenant facilities and properties which the Authority has acquired or hereafter shall acquire in connection therewith, including all property, real , personal and mixed , rights , powers , licenses , easements , rights of way, privileges , franchises and other property or interests in property of whatsoever nature used or useful in connection with such facilities and together with all further additions , extensions , alterations and improvements thereto which may be made or acquired , from time to time , are referred to as the "Sewer System" ; and WHEREAS , In order to finance a portion of the costs of the Project , the Authority has determined to secure a loan from FmHA in the amount of $1 ,970, 000 (the "Loan") ; and - 2 - 140 WHEREAS , The Authority has this date properly executed a guaranteed sewer revenue bond (the "Bond") , under provisions of a resolution duly adopted by the Board of the Authority (collectively referred to as the "Loan Documents") , for the purposes of securing the Loan; and WHEREAS , Under the terms of the Loan Documents , the Authority has pledged its full faith and credit to repay the Loan in accordance with the terms and conditions of the Loan Documents , from the gross receipts and revenues generated from the use of the Sewer System and , to the extent necessary, from any and all gross receipts and revenues ; and WHEREAS , As further security for the repayment of the Loan in accordance with the terms and conditions of the Loan Documents , the Township intends to enter into this Guaranty Agreement (the "Agreement") , as authorized by the Pennsylvania Local Government Unit Debt Act , as amended and reenacted 53 P. S . 6780-1 et seq. (the "Debt Act") , providing for the full and unconditional guarantee of repayment of the Loan in accordance with the terms and conditions of the Loan Documents , and the pledge by the Township of its full faith, credit and taxing power to discharge all of its obligations under this Agreement . - 3 - �: 141 NOW, THEREFORE, the Township, intending to be legally bound hereby covenants and agrees as follows : Section 1 . Pursuant to the provisions of the Debt Act and this Agreement , the Township hereby fully and unconditionally guarantees the payment, as and when due , of the full amount of each and every payment of the principal of and interest on the Loan. Section 2 . In order to carry out the provisions of Section 1 hereof , the Township covenants with the Authority and FmHA and any future registered owner of the Loan that it shall : (a) Include amounts payable hereunder for each fiscal year in which such sums are payable in its budget for such year ; (b) Appropriate such amount from its general revenues for the payment of the amounts payable hereunder ; and (c) Duly and punctually pay or cause to be paid from such. revenues , to the extent of its obligations hereunder ; the amounts payable in respect hereof , at the dates and places and in the manner stated in Section 4 hereof , according to the true intent and meaning thereof . - 4 - i'J 4 V 4 For such budgeting, appropriation and payment the Township hereby pledges its full faith, credit and taxing power . This covenant shall be specifically enforceable , subject , as to the enforceability of remedies , to any applicable bankruptcy, insolvency, moratorium or other laws or equitable principles affecting the enforcement of creditors ' rights generally. Nothing in this Section shall be construed to give the Township any taxing power not granted by another provision of law. The Township agrees that this covenant may be enforced against it by FmHA or its assigns or successors and any future registered owner of the Loan as provided in the Debt Act . Section 3 . FmHA and any future registered owner of the Loan agrees to cause all sums received pursuant to this Agreement to be applied to payment of the principal of and interest on the Loan as provided in the Loan Documents . Section 4. It is intended by the parties hereto that the Township in its capacity as guarantor , shall be required to pay to FmHA or any future registered owner of the Loan only that portion of the principal of and interest on the Loan due in any fiscal year as cannot be paid from funds applicable thereto, paid by the Authority to, or held by, the - 5 - 143 Authority pursuant to the Loan Documents , including moneys , if any, set aside for such purposes from the proceeds of the Loan for the payment of interest during construction or from the operation of the Sewer System. Therefore, the Township shall be entitled , under this Agreement , in each fiscal year , to a total credit equal in the aggregate to the amounts transferred by, or in the name of , the Authority to FmHA or any future registered owner of the Loan or otherwise available to the Authority for application to payment of principal of and interest on the Loan in accordance with the terms of the Loan Documents . Section 5 . In order for the Township to provide in its budget for payments due pursuant to this Guaranty Agreement , the Authority shall , on or before May 1 , 1992 , and thereafter at least thirty (30) days before the beginning of each fiscal year of the Township, beginning with the fiscal year commencing on January 1 , 1993 , cause to be delivered to the Township an estimate , prepared and certified by the Authority' s consulting engineers , of the proceeds to be received by the Authority from the operation of the Sewer System as _well as other revenues and receipts which are anticipated to be available for payment of principal of and/or interest on the Loan on each Payment Date in such fiscal year and of any other moneys available to the Authority or FmHA or any future registered owner of the Loan for such purpose . - 6 - lYf + +a ezt Cam' Section 6 . The maximum amounts of principal of and interest on the Loan guaranteed by the Township are as set forth in Exhibit A attached hereto and made a part thereof . Section 7 . The obligations of the Township hereunder are absolute , full and unconditional and shall remain in full force and effect until the Authority shall have fully and satisfactorily discharged all of its obligations under the Loan Documents , irrespective of the genuineness , validity, regularity, or enforceability of the Loan Documents , or of any termination thereof , and shall be affected or impaired in any way by reason of : (a) Any failure of the Authority or FmHA or any future registered owner of the Loan to retain or preserve any rights against any person (including, in the case of FmHA or any future registered owner of the Loan, the Authority) or in any property, the inaccuracy of any estimates delivered to the Township hereunder or of the calculation of the principal of , and interest on, the Loan; (b) The invalidity of any such rights which the Authority or FmHA or any future registered owner of the Loan may attempt to obtain; - 7 - 145 (c) The lack of prior enforcement by the Authority or FmHA or any future registered owner of the Loan of any rights against any person (including , in the case of the Authority, the Township) or in any property; or (d) The dissolution of the Authority or of FmHA. Nor shall the obligation of the Township hereunder be affected in any way by any compromise, settlement , release , revival , extension, indulgence, change in or modification of any of the obligations or liabilities of the Authority under the Loan Documents (including, but not limited to , any modification, limitation, or discharge arising out of or by virtue of any bankruptcy, arrangement , reorganization or similar proceeding for relief of debts under federal or state law hereinafter initiated by or against the Authority) , or any redelivery, repossession, surrender or destruction of the Sewer System located therein, in whole or in part . The Township hereby waives any right to require , and the benefit of all laws now or hereafter in effect giving such Township the right to require, any such prior enforcement as referred to in (c) above , and the Township agrees that any delay in enforcing or failure to enforce any such rights shall not in any way affect its liability hereunder ; and the Township hereby waives all 8 - Cn CV w rights and benefits which might accrue to it by reason of any of the aforesaid bankruptcy, arrangement , reorganization, or similar proceedings and agrees that its liabilities hereunder for the obligations of the Authority under the Loan Documents shall not be affected by any modification, limitation or discharge of the liabilities of the Authority that may result from any such proceedings . Section 8 . The Township further agrees to pay to FmHA or any future registered owner of the Loan, on demand , all costs and expenses , legal or otherwise (including counsel fees) , which may be incurred in the enforcement of the Loan Documents or the liability of the Authority hereunder . No delay in making demand on the Authority for performance of any obligation hereunder shall prejudice the right to enforce such ~- performance . Section 9 . It is understood and agreed that the obligations of the Township to make payments hereunder shall be absolute and shall not be subject to any defense or any right of set-off , counterclaim or recoupment arising out of any breach of the Authority of any obligation to it whether hereunder or otherwise, or out of any indebtedness or liability at any time owing to it by the Authority. - 9 - e E 147 Section 10 . If in any fiscal year the total principal of and interest on the Loan due in such year shall be in excess of the total credit to which the Township is entitled under Section 4 hereof and the Township has accordingly paid over to FmHA or any future registered owner of the Loan such amount or amounts as are at that time required to fully discharge the obligation of the Township in such fiscal year under this Agreement , then the Authority agrees to reimburse the Township from any of its moneys available for that purpose for the amounts so paid to FmHA or any future registered owner of the Loan; Provided , however , that the Authority' s consulting engineers shall first have certified that the Authority' s moneys intended to be used for such reimbursement will not be required within twelve (12) months to operate or make needed repairs to the Sewer System or for capital additions thereto necessary for the proper and efficient operation of the Sewer System, or to pay administrative expenses of the Authority attributable to the Sewer System. Section 11 . The Authority agrees : (a) to diligently and efficiently operate the Sewer System in a prudent and businesslike manner and , in connection therewith, to file the necessary reports and documents and take all necessary actions to assure the continued operation of the Sewer System, all in a timely manner ; and (b) to provide for - 10 - JAW the proper and timely assessment of rates to the users , customers or those benefited by the operation of the Sewer System, sufficient to pay operating costs thereof and the Authority' s obligations under the Loan Documents , and to provide for the collection of such rates . Section 12 . The Township shall take all necessary actions to secure the approval of the Department of Community Affairs or its successor department , board or commission, to enter into this Agreement , pursuant to requirements set forth in the Debt Act . Section 13 . The Authority shall cause to be delivered to the Township copies of all such budgets , financial reports and other certificates and documents with respect to _ _ the operation of the Sewer System, including statements of amounts due and payable to FmHA or any future registered owner of the Loan pursuant to the terms of the Loan Documents , and shall permit the Township reasonable access to the accounts and all records of the Authority. Section 14. This Agreement shall inure to the benefit of and shall be binding upon FmHA or any future registered owner of the Loan and the Authority and their respective successors and assigns , and FmHA or any future - 11 - ■ 149 registered owner of the Loan shall have the right to enforce this Guaranty Agreement as provided in law or in equity for the benefit of its successors or assigns from time to time , if it so chooses . Section 15 . Except as otherwise provided in the Loan Agreement , subsequent to the initial disbursement of proceeds under the Loan Documents and prior to payment or provision for payment of the Loan in full , this Agreement may not be amended , changed , modified, altered or terminated so as to adversely affect the interest of FmHA or any future registered owner of the Loan without the prior written consent of FmHA or any future registered owner of the Loan. Section 16 . This Agreement may be executed in any number of counterparts , each of which, when so executed and delivered , shall be an original , but such counterparts shall together constitute but one and the same guaranty. Section 17 . If any clause, provision or section of this Guaranty Agreement is held illegal or invalid by any court, the invalidity of such clause, provision or section shall not affect any of the remaining clauses , provisions or sections thereof , and this Agreement shall be construed and enforced as if such illegal or invalid clause, provision or section had not been contained herein. - 12 - . CO Section 18 . The laws of the Commonwealth of Pennsylvania shall govern the construction of this Agreement . IN WITNESS WHEREOF, the parties have caused this Guaranty Agreement to be executed by their proper officers and their official seals to be affixed hereto and attested each as of the date and year first above written. TOWNSHIP OF PETERS , Franklin County, Pennsylvania ATTEST: By: Chairman of Board of Supervisors Secretary (SEAL) PETERS TOWNSHIP MUNICIPAL AUTHORITY OF FRANKLIN COUNTY ATTEST: By: Chairman Secretary (SEAL) f . _- =' '151 EXHIBIT A Guaranty Agreement dated as of March 31 , 1992 , between and among Township of Peters , Franklin County, Pennsylvania, Peters Township Municipal Authority of Franklin County and the Farmers Home Administration of the United States Department of Agriculture Year Ending Maximum December 31 Debt Service 1994 $ 94, 699 . 99 1995 $142 , 050 . 02 1996 $142 , 050. 00 1997 $142 , 049 . 96 1998 $142 , 050 . 03 1999 $142 , 050 . 00 2000 $142 , 049 . 98 2001 $142 , 049 . 98 2002 $142 , 050 . 03 2003 $142 , 049 . 96 2004 $142 , 049 . 99 2005 $142 , 050 . 05 2006 $142 , 050 . 00 2007 $142 , 050 . 01 2008 $142 , 050 . 00 2009 $142 , 051 . 97 2010 $142 , 050 . 00 2011 $142 , 050. 01 2012 $142 , 049 . 99 2013 $142 , 050. 01 2014 $142 , 050. 01 2015 $142 , 050 . 01 2016 $142 ,049 . 99 2017 $142, 050. 00 2018 $142 , 050 . 00 2019 $142 , 050 . 01 2020 $142 , 050 . 00 2021 $142 , 050 . 00 2022 $142 , 050 . 00 • !AMA tw Year Ending Maximum December 31 Debt Service 2023 $142 , 050 . 01 2024 $142 , 050 . 01 2025 $142 , 050 . 01 2026 $142 , 050 . 00 2027 $142 , 049 . 98 2028 $142 , 049 . 98 2029 $142 , 049 . 95 2030 $142 , 049 . 98 2031 $142 , 050 . 02 2032 $ 47 , 336 . 08 153 GUARANTY AGREEMENT THIS GUARANTY AGREEMENT, dated as of , 1992 , is made and executed by the Township of Peters , Franklin County, Pennsylvania (the "Township") , a Pennsylvania municipality organized and existing under laws of the Commonwealth of Pennsylvania (the "Commonwealth") , in favor of Pennsylvania Infrastructure Investment Authority ("PENNVEST") , a body corporate and politic organized and existing under the laws of the Commonwealth of Pennsylvania, with an office at 22 South Third Street , Harrisburg , Pennsylvania 17101 , as lender under a loan agreement of even date (the "Loan Agreement") . This Guaranty Agreement is joined by Peters Township Municipal Authority of Franklin County (the "Authority") , a Pennsylvania municipality authority, for the purposes of acknowledging its duties and obligations hereunder . WITNESSETH: WHEREAS , The Township is a Local Government Unit , as defined in the Pennsylvania Local Government Unit Debt Act , Act No . 52 of 1978 , approved April 28 , 1978 , as amended and supplemented , of the Commonwealth (the "Local Government Unit Debt Act") ; and J.irt Cr WHEREAS, The Authority is a municipality authority existing under laws of the Commonwealth, has been incorporated pursuant to appropriate action of the governing body of the Township, and is existing under provisions of the Pennsylvania Municipality Authorities Act of 1945 approved May 2 , 1945 , P. L. 382 , as amended and supplemented (the "Authorities Act" ) ; and WHEREAS, The Authority, pursuant to powers vested in it by law and with the approval of the Township, has determined to construct and acquire a complete sanitary sewage collection and treatment system, as more fully described in the Loan Agreement (the "Project" ) , which facilities , together with all appurtenant facilities and properties which the Authority has acquired or hereafter shall acquire in connection therewith, including all property, real , personal and mixed, rights , powers , licenses , easements , rights of way, privileges , franchises and other property or interests in property of whatsoever nature used or useful in connection with such facilities and together with all further additions , extensions, alterations and improvements thereto which may be made or acquired, from time to time, are referred to as the "Sewer System" ; and WHEREAS, The Sewer System is a "sewer system" within the meaning of the Pennsylvania Infrastructure Investment Authority Act of 1988 ; and 155 WHEREAS, In order to finance a portion of the costs of the Project, the Authority has determined to secure a loan from PENNVEST in the amount of $1, 913 , 667 (the "Loan" ) ; and WHEREAS, The Authority has this date properly executed a promissory note (the "Note" ) , loan agreement (the "Loan Agreement" ) and other documents (collectively referred to as the "Loan Documents" ) , for the purposes of securing the Loan; and WHEREAS, Under the terms of the Loan Documents , the Authority has pledged its full faith and credit to repay the Loan in accordance with the terms and conditions of the Loan Documents , from the gross receipts and revenues generated from the use of the Sewer System and, to the extent necessary, from any and all gross receipts and revenues ; and WHEREAS, As further security for the repayment of the Loan in accordance with the terms and conditions of the Loan Documents, the Township intends to enter into this Guaranty Agreement (the "Agreement" ) , as authorized by the Pennsylvania Local Government Unit Debt Act, as amended and reenacted 53 P. S . 6780-1 et seq . (the "Debt Act" ) , providing for the full • and unconditional guarantee of repayment of the Loan in - 3 - 3,vv PO L• cr accordance with the terms and conditions of the Loan Documents , and the pledge by the Township of its full faith, credit and -- taxing power to discharge all of its obligations under this Agreement . NOW, THEREFORE, the Township, intending to be legally bound hereby covenants and agrees as follows : Section 1 . Pursuant to the provisions of the Debt Act and this Agreement, the Township hereby fully and unconditionally guarantees the payment, as and when due, of the full amount of each and every payment of the principal of and interest on the Loan. Section 2 . In order to carry out the provisions of Section 1 hereof , the Township covenants with the Authority and PENNVEST that it shall : (a) Include amounts payable hereunder for each fiscal year in which such sums are payable in its budget for such year; (b) Appropriate such amount from its general revenues for the payment of the amounts payable hereunder; and - 4 - 157 (c) Duly and punctually pay or cause to be from such revenues , to the extent of its obligations paid the amounts payable in hereunder ; n respect hereof, at the dates and places and in the manner stated in Section 4 hereof, according to the true intent and meaning thereof . For such budgeting, appropriation and payment the Township hereby pledges its full faith, credit and taxing power . This covenant shall be specifically enforceable, subject, as to the enforceability of remedies, to any applicable bankruptcy, insolvency, moratorium or other laws or equitable principles affecting the enforcement of creditors ' rights generally. Nothing in this Section shall be construed to give the Township any taxing power not granted by another provision of law. The Township agrees that this covenant may be enforced against it by PENNVEST or its assigns or successors as provided in the Debt Act . Section 3 . PENNVEST agrees to cause all sums received pursuant to this Agreement to be applied to payment of the principal of and interest on the Loan as provided in the Loan Documents . Section 4 . It is intended by the parties hereto that the Township in its capacity as guarantor , shall be - 5 - 10 fle required to pay to PENNVEST only that portion of the principal of and interest on the Loan due in any fiscal year as cannot be paid from funds applicable thereto, paid by the Authority to, or held by, the Authority pursuant to the Loan Documents , including moneys , if any, set aside for such purposes from the proceeds of the Loan for the payment of interest during construction or from the operation of the Sewer System. Therefore , the Township shall be entitled , under this Agreement , in each fiscal year , to a total credit equal in the aggregate to the amounts transferred by, or in the name of , the Authority to PENNVEST or otherwise available to the Authority for application to payment of principal of and interest on the Loan in accordance with the terms of the Loan Documents . Section 5 . In order for the Township to provide in its budget for payments due pursuant to this Guaranty Agreement , the Authority shall, on or before May 1 , 1992 , and thereafter at least thirty (30) days before the beginning of each fiscal year of the Township, beginning with the fiscal year commencing on January 1 , 1993 , cause to be delivered to the Township an estimate , prepared and certified by the Authority' s consulting engineers , of the proceeds to be received by the Authority from the operation of the Sewer System as well as other revenues and receipts which are anticipated to be available for payment of principal of and/or - 6 - 159 interest on the Loan on each Payment Date in such fiscal year and of any other moneys available to the Authority or PENNVEST for such purpose . Section 6 . The maximum amounts of principal of and interest on the Loan guaranteed by the Township are as set forth in Exhibit A, attached hereto and made a part thereof . Section 7 . The obligations of the Township hereunder are absolute, full and unconditional and shall remain in full force and effect until the Authority shall have fully and satisfactorily discharged all of its obligations under the Loan Documents , irrespective of the genuineness , validity, regularity, or enforceability of the Loan Documents , or of any termination thereof , and shall be affected or impaired in any way by reason of : (a) Any failure of the Authority or PENNVEST to retain or preserve any rights against any person ( including, in the case of PENNVEST, the Authority) or in any property, the inaccuracy of any estimates delivered to the Township hereunder or of the calculation of the principal of , and interest on, the Loan; - 7 - J V V _e 1 (b) The invalidity of any such rights which the Authority or PENNVEST may attempt to obtain; (c) The lack of prior enforcement by the Authority or PENNVEST of any rights against any person ( including, in the case of the Authority, the Township) or in any property; or (d) The dissolution of the Authority or of PENNVEST. Nor shall the obligation of the Township hereunder be affected in any way by any compromise, settlement, release, revival , extension, indulgence, change in or modification of any of the obligations or liabilities of the Authority under the Loan Documents ( including, but not limited to, any modification, limitation, or discharge arising out of or by virtue of any bankruptcy, arrangement , reorganization or similar proceeding for relief of debts under federal or state law hereinafter initiated by or against the Authority) , or any redelivery, repossession, surrender or destruction of the Sewer System located therein, in whole or in part . The Township hereby waives any right to require, and the benefit of all laws now or hereafter in effect giving such Township the right to require, any such prior enforcement as referred to in (c) 8 - 161 above , and the Township agrees that any delay in enforcing or failure to enforce any such rights shall not in any way affect its liability hereunder ; and the Township hereby waives all rights and benefits which might accrue to it by reason of any of the aforesaid bankruptcy, arrangement, reorganization, or similar proceedings and agrees that its liabilities hereunder for the obligations of the Authority under the Loan Documents shall not be affected by any modification, limitation or discharge of the liabilities of the Authority that may result from any such proceedings . Section 8 . The Township further agrees to pay to PENNVEST, on demand, all costs and expenses , legal or otherwise ( including counsel fees) , which may be incurred in the enforcement of the Loan Documents or the liability of the Authority hereunder . No delay in making demand on the Authority for performance of any obligation hereunder shall prejudice the right to enforce such performance . Section 9 . It is understood and agreed that the obligations of the Township to make payments hereunder shall be absolute and shall not be subject to any defense or any right of set-off, counterclaim or recoupment arising out of any breach of the Authority of any obligation to it whether hereunder or otherwise, or out of any indebtedness or liability at any time owing to it by the Authority. - 9 - ' O ' cn Section 10 . It in any fiscal year the total principal of and interest on the Loan due in such year shall be in excess of the total credit to which the Township is entitled under Section 4 hereof and the Township has accordingly paid over to PENNVEST such amount or amounts as are at that time required to fully discharge the obligation of the Township in such fiscal year under this Agreement , then the Authority agrees to reimburse the Township from any of its moneys available for that purpose for the amounts so paid to PENNVEST; provided, however , that the Authority' s consulting engineers shall first have certified that the Authority' s moneys intended to be used for such reimbursement will not be required within twelve (12 ) months to operate or make needed repairs to the Sewer System or for capital additions thereto necessary for the proper and efficient operation of the Sewer System, or to pay administrative expenses of the Authority attributable to the Sewer System. Section 11 . The Authority agrees : (a) to diligently and efficiently operate the Sewer System in a prudent and businesslike manner and, in connection therewith, to file the necessary reports and documents and take all necessary actions to assure the continued operation of the Sewer System, all in a- timely manner ; and (b) to provide for - 10 - 163 the proper and timely assessment of rates to the users , customers or those benefited by the operation of the Sewer System, sufficient to pay operating costs thereof and the Authority ' s obligations under the Loan Documents, and to provide for the collection of such rates . Section 12 . The Township shall take all necessary actions to secure the approval of the Department of Community Affairs (the "DCA" ) or its successor department, board or commission, to enter into this Agreement, pursuant to requirements set forth in the Debt Act . Section 13 . The Authority shall cause to be delivered to the Township copies of all such budgets , financial reports and other certificates and documents with respect to the operation of the Sewer System, including statements of amounts due and payable to PENNVEST pursuant to the terms of the Loan Documents , and shall permit the Township reasonable access to the accounts and all records of the Authority. Section 14 . This Agreement shall inure to the benefit of and shall be binding upon PENNVEST and the Authority and their respective successors and assigns , and PENNVEST shall have the right to enforce this Guaranty Agreement as provided in law or in equity for the benefit of its successors or assigns from time to time, if it so chooses . - 11 - Section 15 . Except as otherwise provided in the Loan Agreement, subsequent to the initial disbursement of proceeds under the Loan Documents and prior to payment or provision for payment of the Loan in full , this Agreement may not be amended, changed, modified, altered or terminated so as to adversely affect the interest of PENNVEST without the prior written consent of PENNVEST. Section 16 . This Agreement may be executed in any number of counterparts , each of which, when so executed and delivered, shall be an original , but such counterparts shall together constitute but one and the same guaranty. Section 17 . If any clause, provision or section of this Guaranty Agreement is held illegal or invalid by any court, the invalidity of such clause, provision or section shall not affect any of the remaining clauses , provisions or sections thereof, and this Agreement shall be construed and enforced as if such illegal or invalid clause, provision or section had not been contained herein. Section 18 . The laws of the Commonwealth of Pennsylvania shall govern the construction of this Agreement . - 12 - 165 IN WITNESS WHEREOF, the parties have caused this Guaranty Agreement to be executed by their proper officers and their official seals to be affixed hereto and attested each as of the date and year first above written. TOWNSHIP OF PETERS , Franklin County, Pennsylvania ATTEST: By: Chairman of Board of Supervisors Secretary (SEAL) PETERS TOWNSHIP MUNICIPAL AUTHORITY OF FRANKLIN COUNTY ATTEST: By: Chairman Secretary (SEAL) J1.00 CCI EXHIBIT A Guaranty Agreement dated as of March 31 , 1992, between and among Township of Peters , Franklin County, Pennsylvania, Peters Township Municipal Authority of Franklin County and the Pennsylvania Infrastructure Investment Authority Year Ending Maximum December 31 Debt Service 1993 $ 48, 895 . 93 1994 $146 , 687 . 78 1995 $146 ,687 . 77 1996 $146 , 687 . 77 1997 $152 , 777 . 42 1998 $157 , 127 . 16 1999 $157 , 127 . 16 2000 $157 , 127 . 16 2001 $157 , 127 . 15 2002 $157 , 127 . 15 2003 $157 , 127 . 16 2004 $157 , 127 . 19 2005 $157 , 127 . 16 2006 $157 , 127 . 14 2007 $157 , 127 . 12 2008 $157 , 127 . 19 2009 $157 , 127 . 19 2010 $157 , 127 . 18 2011 $157 , 127 . 17 2012 $ 65 , 477 . 08 167 TOWNSHIP OF PETERS Franklin County. Pennsylvania ORDINANCE NO . 4A-92 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THIS TOWNSHIP DETERMINING TO INCUR DEBT IN THE PRINCIPAL AMOUNT OF $3 , 000, 000 ; DETERMINING THAT SUCH DEBT SHALL BE INCURRED AS LEASE RENTAL DEBT TO BE EVIDENCED BY A GUARANTEED CONSTRUCTION NOTE TO BE AUTHORIZED AND TO BE ISSUED BY PETERS TOWNSHIP MUNICIPAL AUTHORITY OF FRANKLIN COUNTY; BRIEFLY DESCRIBING THE PROJECT FOR WHICH SAID DEBT IS TO BE INCURRED AND SPECIFYING THE REALISTIC USEFUL LIFE OF SAID PROJECT; APPROVING THE CONSULTING ENGINEERS REPORT RELATING TO NET LEASE RENTAL DEBT; AUTHORIZING AND DIRECTING PROPER OFFICERS OF THIS TOWNSHIP TO PREPARE, EXECUTE, VERIFY AND FILE THE DEBT STATEMENT, THE BORROWING BASE CERTIFICATE, THE APPLICATION FOR EXCLUSION OF SELF-LIQUIDATING DEBT AND OTHER APPROPRIATE DOCUMENTS REQUIRED BY THE ACT OF THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF PENNSYLVANIA, APPROVED APRIL 28 , 1978 , ACT NO. 52 , AS AMENDED AND SUPPLEMENTED, KNOWN AS THE "LOCAL GOVERNMENT UNIT DEBT ACT", AND, UPON APPROVAL BY THE PENNSYLVANIA DEPARTMENT OF COMMUNITY AFFAIRS , TO EXECUTE, ATTEST AND DELIVER A GUARANTY AGREEMENT WITH RESPECT TO SAID PROJECT AND SAID GUARANTEED CONSTRUCTION NOTE OF SAID AUTHORITY; APPROVING THE FORM OF SAID GUARANTY AGREEMENT; GUARANTEEING PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID GUARANTEED CONSTRUCTION NOTE OF SAID AUTHORITY AND MAKING CERTAIN COVENANTS WITH RESPECT THERETO; SETTING FORTH THE DEBT SERVICE TO WHICH SAID GUARANTY IS APPLICABLE; ESTABLISHING A SINKING FUND AND APPOINTING A SINKING FUND DEPOSITARY WITH RESPECT TO SAID GUARANTY; AND PROVIDING FOR PROPER OFFICERS OF THIS TOWNSHIP TO TAKE ALL OTHER REQUIRED, NECESSARY OR DESIRABLE RELATED .16vV : 3 _ M ACTION IN CONNECTION WITH SAID PROJECT AND SAID GUARANTY AGREEMENT. WHEREAS , This Township is existing under laws of the Commonwealth of Pennsylvania (the "Commonwealth") and is a "local government unit" , as such term is defined under the Act of the General Assembly of the Commonwealth, approved April 28, 1978 , Act No. 52 , as amended and supplemented , known as the Local Government Unit Debt Act (the "Act") ; and WHEREAS , Peters Township Municipal Authority of Franklin County (the "Authority") is a municipality authority organized and existing under the Pennsylvania Municipality Authorities Act of 1945 , approved May 2 , 1945 , P.L. 382 , as amended and supplemented ; and WHEREAS , The Authority, pursuant to authority vested in it by law and pursuant to the request of this Township, has determined to construct and acquire a complete sanitary sewage collection and treatment system for rendering sewage collection and treatment service in and for certain portions of this Township. NOW, THEREFORE, BE IT ENACTED AND ORDAINED by the Board of Supervisors of the Township of Peters , Franklin County, Pennsylvania, as follows : - 2 - 169 1 . The Board of Supervisors of this Township authorizes and requests the Authority to undertake the financing , to the extent required , and the acquisition and construction of a complete sanitary sewage collection and treatment system for rendering sewage collection and treatment service in and for certain portions of this Township, which undertakings are referred to herein as the "Project" . 2 . The Board of Supervisors of this Township hereby determines that the realistic estimated useful life of the Project is not less than 40 years . 3 . The Board of Supervisors of this Township hereby determines to incur "debt , " as such term is defined in the Act , as "lease rental debt , " as such term is defined in the Act, in connection with the financing of the Project by the Authority. 4. The debt to be incurred , as lease rental debt , as set forth in Paragraph 3 hereof , shall be in the principal amount of $3 , 000, 000 and shall be evidenced by the Note Guaranty Agreement hereinafter referred to and the Authority' s Guaranteed Construction Note , in the principal amount of $3 , 000 , 000 (the "Note") . The Note shall be secured by, inter alia, a pledge of the certain receipts and moneys to be derived - 3 - .L t V Ct by the Authority in connection with permanent financing and ownership of the Project . 5 . This Township shall enter into a Note Guaranty Agreement (the "Note Guaranty Agreement") , substantially in the form referred to in Paragraph 6 hereof , with respect to the guaranty by this Township of the full payment of the principal of and interest on the Note . 6 . The Note Guaranty Agreement shall be substantially in the form presented to this meeting, which form is approved ; and a copy of the Note Guaranty Agreement , in the form so presented to this meeting and so approved , shall be filed with the Secretary of this Township for inspection, at reasonable times , by interested persons requesting such inspection. 7 . The Chairman or Vice Chairman of the Board of Supervisors and the Secretary of this Township are authorized and directed : (a) to prepare , certify and file with the Pennsylvania Department of Community Affairs (the "Department") , a debt statement as required by Section 410 of the Act ; (b) to prepare and execute a borrowing base certificate required by the Act to be appended to the debt statement of this Township referred to in subsection (a) of - 4 - �. 171 this Paragraph; and (c) to prepare and file originally and thereafter , as required , with the Department , appropriate statements required by Section 206 of the Act which are necessary to qualify all or a part of the lease rental debt of this Township which is subject to exclusion from the appropriate debt limit of this Township as self-liquidating debt . For such purpose the Board of Supervisors of the Township approves the engineering report prepared by Davis , Renn & Associates , Inc . with respect to the Project pursuant to Section 206 of the Act and submitted to the Board of Supervisors of this Township, for filing with the Department . 8 . The Chairman or Vice Chairman of the Board of Supervisors of this Township and Secretary of this Township are authorized and directed to execute and deliver the Note Guaranty Agreement in behalf of this Township, in substantially the form approved in Paragraph 6 hereof , or with such changes as such officers shall approve , their execution to constitute conclusive evidence of such approval ; Provided , however , that such execution and delivery of the Note Guaranty Agreement shall be subject to compliance by this Township with applicable provisions of the Act . This Township authorizes delivery of the Note Guaranty Agreement to the Chambersburg Trust Company, the registered owner of the Note , for purposes set forth in the Note Guaranty Agreement . - 5 - .1.(4 CO 9 . The Chairman or Vice Chairman of the Board of Supervisors of this Township and Secretary of this Township are authorized and directed to make application for approval with respect to the Note Guaranty Agreement , as required by Section 411(b) of the Act , and to pay or cause to be paid to the Department all proper filing fees required by the Act and to take all other required and appropriate action. 10 . This Township hereby guarantees the full payment of the principal of and interest on the Note and in furtherance thereof covenants and agrees with the registered owner from time to time of the Note that if the Authority shall fail to pay the full amount of the principal of and interest on the Note when the same becomes due and payable , at the times and place , under the terms and conditions and in the manner prescribed in the Note, this Township will pay the full amount of such principal and interest to the registered owner of the Note . This Township agrees and hereby covenants with the registered owner of the Note that this Township shall include the amount of debt service on the Note for each fiscal year of this Township in which such sums are payable in its budget for that fiscal year , that this Township, in the event the - 6 - 173 Authority shall fail to pay the full amount or the principal of and interest on the Note when due and payable , at the times and places , under terms and conditions and in the manner prescribed in the Note , shall appropriate and duly and punctually pay or cause to be paid the full amount of such principal of and interest on the Note on the dates and at the place and in the manner stated in the Note according to the true interest and meaning hereof . For such budgeting, appropriation and payment this Township hereby does pledge its full faith, credit and taxing power and hereby does agree that this covenant shall be specifically enforceable . This Township agrees that the debt service in each of its fiscal years with respect to the Note to which the foregoing guaranty shall apply is as follows : Fiscal Year Ending December 31 Debt Service 1992 $ 29 , 110 1993 $3 , 076 ,807 11 . There is created a sinking fund of this Township for the guaranty of this Township related to the Note , to be known as "Sinking Fund - Peters Township Municipal Authority of Franklin County:Construction Note" . Said sinking fund shall be 7 - 1:14 Cv administered in the manner provided by the Act for administration of sinking funds created pursuant to the Act . This Township covenants and agrees to pay into the aforesaid sinking fund all moneys , if any, required to be paid to registered owner of the Note pursuant to provisions of the Note Guaranty Agreement on or before the dates required for such payment pursuant to terms of the Note Guaranty Agreement . Moneys so deposited shall be paid to registered owner of the Note by the sinking fund depositary appointed in Paragraph 15 hereof , in behalf of this Township, pursuant to terms of the Note Guaranty Agreement on the dates and in the manner required by terms of the Note Guaranty Agreement . 12 . This Township appoints Chambersburg Trust Company, Chambersburg, Pennsylvania, as the sinking fund depositary with respect to the sinking fund created pursuant to Paragraph 14 hereof . 13 . Proper officers of this Township are authorized and directed to execute all documents and to take such other action as may be necessary to carry out the intent and purposes of this Ordinance and the undertakings of this Township under the Note Guaranty Agreement . - 8 - 175 DULY ENACTED AND ORDAINED this 13th day of March, 1992 , by the Board of Supervisors of the Township of Peters , Franklin County, Pennsylvania, in lawful session duly assembled . TOWNSHIP OF PETERS , Franklin County, Pennsylvania ATTEST: B Chairman of Board of if 4/14* Supervisors Secretary (SEAL) i (V ICJ CC CERTIFICATE I , the undersigned , Secretary of the Township of Peters , Franklin County, Pennsylvania (the "Township") , certify that the foregoing is a true and correct copy of an Ordinance of the Board of Supervisors of the Township which was duly enacted by affirmative vote of a majority of all members of the Board of Supervisors of the Township at a meeting duly held on March 13 , 1992 ; that said Ordinance has been duly recorded in the Ordinance Book of the Township; and that said Ordinance remains in effect , unaltered and unamended , as of this date of this Certificate . IN WITNESS WHEREOF, I set my hand and affix the official seal of the Township, this 13th day of March, 1992 . i 0 -� Secretary (SEAL) 177 THIS GUARANTY AGREEMENT, dated this day of 1992 , made and executed by the Township of Peters , Franklin County, Pennsylvania (the "Township") , a Pennsylvania municipality organized and existing under laws of the Couuuonwealth of Pennsylvania (the "Commonwealth") , and delivered to Chambersburg Trust Company (the "Bank") , Chambersburg , Pennsylvania. WITNLSSETII: WHEREAS , The Township is a Local Government Unit , as defined in the Pennsylvania Local Government Unit Debt Act , Act No. 52 of 1978 , approved April 28 , 1978 , as amended and supplemented , of the Commonwealth (the "Local Government Unit Debt Act") ; and WHEREAS , Peters Township Municipal Authority of Franklin County (the "Authority") is a municipality authority existing under Pennsylvania laws , has been incorporated pursuant to appropriate action of the governing body of the Township and is existing under provisions of the Pennsylvania Municipality Authorities Act of 1945 , approved May 2 , 1945 , P.L. 382 , as amended and supplemented ; and 110 CG WHEREAS , The Authority, pursuant to powers vested in it by law and with the approval of the Township , will construct and acquire a complete sanitary sewage collection and treatment system in certain portions of the Township (the "Project") , which facilities , together with all appurtenant facilities and properties which the Authority has acquired or hereafter shall acquire in connection therewith, including all property, real , personal and mixed , rights , powers , licenses , easements , rights of way, privileges , franchises and other property or interests in property of whatsoever nature used or useful in connection with such facilities and together with all further additions , extensions , alterations and improvements thereto which may be made or acquired , from time to time , are referred to as the "Sewer System"; and WHEREAS , The Authority, in order to obtain a portion of the funds required to pay costs and expenses of construction of the Project has determined to issue a Construction Note (the "Note") , in the principal amount of $3 , 000 , 000 ; and WHEREAS , The Township , in order to assist in the issuance of the Note , has agreed to guarantee the full payment of the principal of and interest on the Note pursuant to power and authority set forth in the Local Government Unit Debt Act . - 2 - 179 NOW, THEREFORE, the Township, intending to be legally bound , hereby covenants and agrees as follows : 1 . The Township hereby guarantees the full payment of the principal of and interest on the Note and in furtherance thereof covenants and agrees with Chambersburg Trust Company, Chambersburg, Pennsylvania (the "Bank") , the registered owner of the Note , that if the Authority shall fail to pay the full amount of the principal of and interest on the Note when the same become due and payable , at the times and place , under the terms and conditions , and in the manner prescribed in the Note , the Township will pay the full amount of such principal and interest to the Bank at the times and in the manner set forth in the Note . The Township agrees and hereby covenants with the Bank that the Township shall include the amount of debt service on such Note , for each Fiscal Year (which term shall mean the fiscal year of the Township , from time to time designated by law) in which such sums are payable in its budget for that Fiscal Year , that the Township, in the event the Authority shall fail to pay the full amount of the principal of and interest on the Note when due and payable, at the times and place, under terms and conditions and in the manner prescribed in the Note , shall appropriate from its general revenues and duly and Y punctually pay or cause to be paid from its sinking fund established therefor or any other of its - 3 - Avv ow Cam' co funds or revenues the full amount of such principal and interest on the dates and at the place and in the manner stated in the Note according to the true intent and meaning hereof . For such budgeting, appropriation and payment the Township hereby does pledge its full faith, credit and taxing power and hereby does agree that this covenant shall be specifically enforceable . The Township agrees that the debt service in each Fiscal Year with respect to the Note proposed to be issued to which the foregoing guarantee shall apply is as follows : NQtQ Fiscal Year Ending December 31 Debt Service 1992 $ 1993 1994 $ 1995 $ 2 . This Guaranty Agreement may not be assigned by the Township nor may its obligations arising hereunder be in any manner whatsoever alienated by the Township. This Guaranty Agreement shall inure to the benefit of the Bank as registered owner of the Note . The Township acknowledges that the Bank shall materially rely on the existence of this Guaranty Agreement and the Township' s due performance of its obligations thereunder . - 4 - 181 3 . The obligation of the Bank in accepting delivery of this Guaranty Agreement by the Township shall be to hold the same for the benefit of the Bank as registered owner of the Note . IN WITNESS WHEREOF, THE TOWNSHIP OF PETERS , Franklin County, Pennsylvania, has caused this Guaranty Agreement to be executed in its behalf by the Chairman or Vice Chairman of its Board of Supervisors and its official seal to be hereunto affixed and attested by the Secretary or Assistant Secretary of the Township and delivered to Chambersburg Trust Company, registered owner of the Note , who has accepted the same . ATTEST: TOWNSHIP OF PETERS , Franklin County, Pennsylvania By: Secretary Chairman of Board of Supervisors (SEAL) CCI ACCEPTANCE AND ACKNOWLEDGMENT Chambersburg Trust Company, Chambersburg, Pennsylvania, as registered owner of the hereinbefore described Note referred to in the foregoing Guaranty Agreement , accepts the foregoing Guaranty Agreement , acknowledges receipt of an executed counterpart thereof and agrees to hold the same for the purposes set forth therein, all as of the day of , 1992. ATTEST: - CHAMBERSBURG TRUST COMPANY By: Assistant Cashier Vice President (SEAL) THEODORE AMSLEY EXHONERATION March 27, 1992 "Be it resolved that our Board hereby authorizes exoneration of the Seated Land Taxes as set forth below, now in the hands of the Tax Claim Bureau and entered upon the Seated Land Tax Docket for col- lection, the said taxes having been exonerated for reasons set forth by the Tax Claim Bureau." TAXES AND AMOUNT INVOLVED $1.50 plus .15 penalty equaling $1.65. PETERS TWP. BD. OF SUPERVISORS