[Adopted 2-9-2005 by Ord. No. 943]
Pursuant to the Intergovernmental Cooperation Act, 53 Pa.C.S.A § 2301 et seq., the Borough of Emsworth is hereby authorized to enter into a joint intergovernmental cooperation agreement with the Township of Kilbuck relevant to intermunicipal sewage tap-ins, collection and conveyance of sanitary sewage emanating from the Township of Kilbuck.
The terms and conditions of the joint intergovernmental cooperation agreement are those set forth in the Intermunicipal Sewage Service Agreement, a copy of which shall be filed with the minutes of the meeting at which this article is adopted.[1]
[1]
Editor's Note: Said Agreement is on file in the Borough offices.
Emsworth Borough is authorized to enter into the Intermunicipal Sewage Service Agreement for the purposes contained therein, as well as any amendments or modifications thereto as the same may be required from time to time. Said actions are to be taken by members, officers or employees of the municipality designated for this purpose, pursuant to general and specific instructions by the governing body.
The Intermunicipal Sewage Service Agreement shall be effective for 10 years and for any renewal periods thereafter.
The purpose and objectives of the Intermunicipal Sewage Service Agreement, including the powers and scope of authority delegated in the agreement, are those purposes and objectives referred to in § 18-20.
There is no separate organizational structure required in connection in order to implement the agreement.
No property, real or personal, shall be acquired, managed or disposed of through the agreement.
There is no entity created by the agreement that shall be empowered to enter into contracts for policies of group insurance and employee benefits for its employees.
If a final decision of a court of competent jurisdiction holds any provision of this article, or the application of any provisions of this article, to be illegal or unconstitutional, the other provisions of this article, or the application of such provision to other circumstances, shall remain in full force and effect. The intention of the Council of the Borough of Emsworth is that the provisions of this article shall be severable and that this article would have been adopted if any such illegal or unconstitutional provisions had not been included.
This article is adopted pursuant to the powers and authority of the Intergovernmental Cooperation Act, 53 Pa.C.S.A. § 2305.
Any ordinances or parts of ordinances conflicting with the provisions of this article be and the same are hereby repealed and superseded so far as the same affects this article; however, such repeal shall not affect any act done or any right, liability or violations accrued under any such ordinance herein repealed or superseded and all such rights, liabilities and violations shall continue and may be enforced in the same manner as if such repeal or supersession had not been made but only to the extent otherwise permitted under the laws of the Commonwealth of Pennsylvania.
All provisions of all other intergovernmental cooperation agreements between the member municipalities not conflicting with the terms hereof are hereby ratified and affirmed.