[Adopted 8-26-2003 by Ord. No. 2003-3A[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. II, Water and Sewer Service, adopted 5-13-2003 by Ord.
No. 2003-2.
All Whereas clauses are incorporated in this
article as though the same were more fully set forth herein at length.[1]
[1]
Editor's Note: Said Whereas clauses read as
follows:
“WHEREAS, the Walnutport Authority has
offered to provide water and sewer service to certain designated areas
located within the Township of Lehigh; and
“WHEREAS, the Lehigh Township Municipal
Authority has requested that the Board of Supervisors of Lehigh Township
enter into such an agreement; and
“WHEREAS, after hearing, the Board of
Supervisors of the Township of Lehigh find that it is in the best
interests to enter into a Water and Sewer Service Agreement with the
Walnutport Authority in accordance with the terms of the Agreement
attached hereto and made a part hereof as Exhibit "A"; and
“WHEREAS, the Intergovernmental Cooperation
Law, at 1972, P.L. 762 No. 180; 53 P.S. 481 (as amended through April
1, 1992) permits a municipal entity to enter into a cooperative agreement
with another municipal entity pursuant to an ordinance.”
The Board of Supervisors of Lehigh Township
is authorized to enter into the Water and Sewer Service Agreement
with the Walnutport Authority and Lehigh Township Municipal Authority.
A copy of said agreement is attached hereto, incorporated herein and
made a part hereof as Exhibit A.[1]
[1]
Editor's Note: Exhibit A is on file in the
Township offices.
The conditions of the agreement are specifically
and fully set forth in the agreement attached hereto and made a part
hereof as Exhibit A. However, it is understood that the Township and
the Lehigh Township Municipal Authority agree to relinquish to the
Walnutport Authority the exclusive right to provide and control water
and sewer service and all related activities to that certain portion
of the Township as outlined on the plan which is attached to the agreement.
This area shall be known as the “service area." Further, the
Walnutport Authority agrees to provide water and sewer service to
the service area in accord with the terms of the agreement.
The Walnutport Authority shall provide said
water and sewer service to the service area pursuant to the terms
of the agreement in perpetuity unless the agreement is terminated
or modified by mutual agreement of the parties.
The financing charges and payments associated
with the costs to institute this service are set forth in detail at
Paragraph 3 of the service agreement, attached hereto as Exhibit A.
However, in addition to other charges, fees and licenses associated
with the implementation and maintenance of this agreement, it is specifically
understood that during the term of the agreement, the Walnutport Authority
shall pay to the Lehigh Township Municipal Authority a royalty of
10% of the total quarterly charge, including any penalties and interest,
for each current or future user in the service area.
Maintenance, ownership, operation and control
of the facilities, as well as connection of the facilities, are specifically
defined in the agreement. However, any and all service lines, mains,
meters or other facilities installed in order to operate the service
area of Lehigh Township under this agreement shall be owned by the
Walnutport Authority. The installation and costs for the construction
of such service lines, mains, meters and other facilities shall be
allocated and assessed in conformity with the Walnutport Authority's
general procedures.
Lehigh Township, a Second Class township, organized
under the laws of the Second Class Township Code, is empowered to
enter into this agreement with the Walnutport Authority and the Lehigh
Township Municipal Authority.
