[Adopted 10-25-1994 by Ord. No. 1994-3 (Ch. XIV, Part 4, of the 1996 Code
of Ordinances)]
The Borough of Montgomery ("Borough") is hereby authorized and
directed to enter into a joint municipal agreement for rendering sewage
collection, transmission, treatment and disposal services in what
is designated in said agreement as the "Route 405 Sewer District"
with Clinton Township ("Township") and the Montgomery Water and Sewer
Authority ("Authority").
The Township shall construct, operate and maintain a sewage
collection system within said Route 405 Sewer District. Said system
shall connect the sewage collection system and sewage treatment plant
of the Borough and the Authority. The Township shall also update the
Borough's eight-inch collection and conveyance system extending
along Route 405 from Thomas Street and the Borough to a point near
the Bryfogle-Wetzel Industrial Park when the Township's daily
flows reach 80% of the system's capacity as determined by the
Montgomery Water and Sewer Authority. Said eight-inch collection and
conveyance system shall be replaced with a twelve-inch main.
The Borough and the Authority shall provide the use of their
existing sewage collection system and sewage treatment plant for the
purpose of transmission, treatment and disposal of sewage from the
Route 405 Sewer District. Said services shall be of the same type
provided to the existing users of the said system and treatment plant.
The Borough and/or Authority shall be responsible for furnishing
and supplying all personnel, equipment, facilities, supplies, etc.,
necessary to maintain the level of service to be rendered by them
as set forth above.
The Township and Borough shall share the overhead and maintenance
costs of maintaining and operating the sewage collection system and
the treatment plant on a pro rata basis as set forth in the joint
municipal agreement.
The Township shall receive the guaranteed capacity of 200,000
gallons per day as set forth in the joint municipal agreement for
which the Township shall pay the Authority the sum of $750,000. The
Township may also make additional purchases of guaranteed capacity
up to 400,000 gallons per day, for a total potential guaranteed capacity
in the Montgomery Sewage Treatment Plant of 600,000 gallons per day.
The Township shall enact ordinances necessary to require owners
of improved property located within the Route 405 Sewer District which
legally can be required to connect to the Township's sewage collection
system to connect therewith. The Township shall also enact an ordinance
imposing sewer rentals or charges upon owners of improved property
which shall be connected to said sewage collection system for use
thereof. Said ordinances may be amended from time to time as required.
The Township shall acquire whatever property, real or personal, is
required for the construction and operation of said project by exercise
of its powers of eminent domain or otherwise.
The joint municipal agreement shall commence when enacted by
this article as to the Borough, and when proper action has been taken
by the Township and Montgomery Water and Sewer Authority, the term
of said agreement shall be perpetual, except that the Township may,
under certain circumstances specified therein, terminate said agreement
upon at least nine months' written notice.
The President and the Secretary of Montgomery Borough are hereby
authorized and directed to execute the joint municipal agreement on
behalf of the Borough.
