[Adopted 5-25-2017 by Ord. No. 17-03]
The caption and recitals to this article as set forth above
are incorporated herein by reference.[1]
[1]
Editor's Note: The introduction of this ordinance read
as follows: "WHEREAS, the Commonwealth of Pennsylvania through the
Department of Transportation [PennDOT] is in the process of upgrading
traffic signals along Route 30 [SR 0030] [a/k/a Loucks Road and Arsenal
Road] as part of the U.S. Route 30 Adaptive Signal Project, SR 0030-110
[the "Project"], from Kenneth Road through North Hills Road along
with Eden Road and Gate 1 within the municipalities of Manchester
Township, Springettsbury Township, West Manchester Township, and the
City of York [the "Municipalities"]; and WHEREAS, the Project includes
the installation of adaptive signal control technology and enhancements
to the existing communication system [the "ACST"]; and WHEREAS, PennDOT
has requested that the Municipalities enter into an Intergovernmental
Cooperation Agreement to establish a collaborative maintenance, support
and operational oversight program covering the ACST for no less than
a five-year period; and WHEREAS, the Intergovernmental Cooperation
Act 53 Pa. C.S.A. § 2301 et seq. [the "Act"] provides for
local governments to cooperate in the exercise or performance of their
respective functions, powers or responsibilities and to enter into
joint agreements as may be deemed appropriate for those purposes;
and WHEREAS, the Act provides that any joint cooperation agreement
shall be deemed in force as to any local government when the same
has been adopted by ordinance by the local government; and WHEREAS,
West Manchester Township desires to enact such an ordinance."
West Manchester Township agrees that it shall join with the
other municipalities in accordance with the Act[1] by entering into the intergovernmental cooperation agreement
for the collaborative maintenance, support and operational oversight
program covering the ASCT [the "agreement"], which agreement is adopted
by reference with the same effect as if it had been set out verbatim,
and a copy of which shall be attached as Exhibit A to this article.[2]
West Manchester Township is authorized to enter into the agreement,
and the officers of West Manchester Township are hereby authorized
to execute and deliver any and all documents necessary to join in
the agreement and to effectuate its purposes.
As set forth in the Act, the following matters are specifically
found and determined:
A.
The conditions of the agreement are set forth in the recitals to
this article and in the agreement.
B.
The agreement shall become effective when all of the municipalities
have adopted an ordinance and approved the agreement, and have authorized
the proper municipal officials to execute the agreement. The term
of the agreement is set forth therein.
C.
The purposes and objectives of the agreement are as set forth in
this article and in the agreement.
D.
West Manchester Township shall bear the costs which it has agreed
to incur as set forth in the agreement.
E.
The organizational structure is set forth in the agreement.
F.
The agreement does not contemplate the acquisition of any real or
personal property by the municipalities.
G.
The agreement does not contemplate the creation of a separate entity
or the need to enter into contracts for the policies of group insurance
or employee benefits for its employees.
