[Adopted 8-27-2001 by Ord. No. 5-2001]
This article shall be known and may be cited as the “Intermunicipal Water Supply Agreement with South Middleton Township.”
The background of this article and the legislative intention of the Board of Supervisors (“Board”) in enacting it are as follows:
A. 
The Township of Dickinson is a municipal township of the second class.
B. 
The General Assembly of the Commonwealth of Pennsylvania has provided for intergovernmental cooperation in the performance of governmental functions and powers by the Act of December 19, 1996, P.L. 1158, No. 177, § 1, as amended, 53 Pa.C.S.A. § 2301 et seq., as amended.
C. 
The Intergovernmental Cooperation Act authorizes two or more local governments in the commonwealth to jointly cooperate in the exercise or in the performance of their respective governmental functions, powers or responsibilities, so long as both municipalities adopt an ordinance so providing.
D. 
Presently, the Township of Dickinson has no public water supply source and the Board of Supervisors has determined it to be more economical to purchase water in bulk quantities from South Middleton Township under an intermunicipal agreement, rather than developing its own water supply source.
E. 
The Board of Supervisors has determined that the acquisition and construction of public water facilities within the Township of Dickinson is in the public interest.
F. 
The Board of Supervisors intends to repeal Ordinance Number 2 of 2001.
The covenants, terms and conditions of the intermunicipal agreement attached hereto as Exhibit A are hereby incorporated herein by reference.[1]
[1]
Editor’s Note: The intermunicipal agreement is on file in the Township offices.
The duration of the agreement is perpetual unless and until terminated by either party.
The purpose of the agreement is to obtain an economical source of public water for distribution within the boundaries of Dickinson Township under the rate structure set forth in the intermunicipal agreement and in the quantity allocated under such agreement. Except as set forth in the agreement, it is the intent of the Board of Supervisors that the Township of Dickinson have its own separate, autonomous, public water supply system.
The public water supply system will be financed by a rate system for consumption, and by fees and charges authorized by the Pennsylvania Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq., as amended, together with developer contributions. It is anticipated that no general tax revenues will be utilized in the operation and maintenance of the public water supply system. The Board of Supervisors shall be authorized, however, to borrow from the Township’s general fund on an initial basis to fund organizational expenses and to facilitate proper construction and operation of the system, so long as any such monies are repaid out of rates received from consumers.
All real or personal property utilized in the installation, operation and maintenance of the system will be acquired, managed and disposed of by the Dickinson Township Municipal Authority, a separate and distinct entity created and incorporated by the Board of Supervisors of Dickinson Township.
In the operation of the public water supply system, the Dickinson Township Municipal Authority shall be empowered to enter into contracts for policies of group insurance and employee benefits, including social security, for its employees, if any.