[Adopted 8-11-2008 by Ord. No. 2008-02]
This article shall be known and may be cited as the "Lower Allen Township/Shiremanstown Borough Mutual Yard Waste Program Ordinance."
The background of this article and the legislative intention of the Board of Commissioners in enacting it are as follows:
A. 
The Borough of Shiremanstown is a borough under the Commonwealth of Pennsylvania Borough Code.
B. 
The Act of December 19, 1996, P.L. 1158, No. 177, referred to as the "Intergovernmental Cooperation Law," 53 Pa. C.S.A. § 2301 et seq., provides that local governments may jointly cooperate in the exercise or in the performance of their respective governmental functions, powers or responsibilities.
C. 
The Municipal Waste Planning, Recycling and Waste Reduction Act 1988, Act 101 of 1988, 53 P.S. § 4000.101 et seq., as amended by Act 175 of 2002, and the Solid Waste Management Act 97 of 1980, 35 P.S. 6018.101, bans the disposal of woody waste into the solid waste stream and encourages the recycling of such waste.
D. 
The Board of Commissioners of Lower Allen Township and the Borough Council of Shiremanstown recognize the desirability of providing the residents of both municipalities a disposal facility for woody waste, and the use by residents of both municipalities of the processed and recycled material.
A. 
The conditions of membership, duration, and purpose of the intergovernmental agreement, including the rights and responsibilities of membership, are set forth in the Intergovernmental Cooperation Agreement for the Lower Allen Township/Borough of Shiremanstown Mutual Yard Waste Program ("agreement"), a copy of which is attached to this article as Exhibit A and incorporated herein as if set forth in full.[1]
[1]
Editor's Note: Said agreement is on file in the Township offices.
B. 
Any funds for implementation and continuing participation in the agreement may be appropriated by the Board of Commissioners of Lower Allen Township and the Borough Council of Shiremanstown as they shall determine, in their sole discretion, from time to time.
C. 
No mutual acquisition of real or personal properties is contemplated by Lower Allen Township/Borough of Shiremanstown under this article and intergovernmental cooperation agreement.
The Board of Commissioners of Lower Allen Township hereby authorizes the Township Manager to execute all documents and perform all actions necessary to cause the Township to enter the agreement.
A. 
If any sentence, clause, phrase or section of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, phrases, sections or parts of this article.
B. 
It is hereby declared as the intention of the Board of Commissioners of Lower Allen Township that this article would have been adopted had such unconstitutional, illegal or invalid sentence, clause, phrase, section or part thereof not been included therein.
The provisions of this article, as far as they are the same as those of ordinances in force immediately prior to the enactment of this article, are intended as a continuation of such ordinances and not as new enactments. The provisions of this article shall not affect any such suit or prosecution pending or to be instituted to enforce any right or penalty or to punish any offense under the authority of any ordinance repealed by this article.
Any other ordinance or parts thereof inconsistent with this article be and are hereby expressly repealed.
This article shall become effective as provided by law. each agreement shall be effective upon the effective date of the Intergovernmental Cooperation Ordinance last enacted by the parties.