[Added 3-13-2008 by Ord. No. 2100, approved 3-15-2008]
This article shall be known and may be cited
as the "Mutual Aid Between Water/Wastewater Providers Ordinance."
The background of this article and the legislative
intention of the Borough Council in enacting it are as follows:
A.
The Borough of Carlisle is a Pennsylvania borough.
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 federal, state and local governments
may jointly cooperate in the exercise or in the performance of their
respective governmental functions, powers or responsibilities.
C.
The Pennsylvania Borough Code, 53 P.S. § 45101
et seq., authorizes the Borough to provide water and wastewater services
both within and outside the confines of Borough limits.
D.
The Borough Council determines that it is in the best
interest of the public health, safety and welfare of its citizens
to participate in the Agreement.
A.
The conditions of membership, duration, purpose and
objectives of the Agreement, including the powers and scope of authority
delegated therein, manner and extent of financing, organizational
structure necessary to implement the Agreement and manner in which
real and personal property will be acquired, managed and disposed
of are set forth in the master Pennsylvania Mutual Agreement for Water/Wastewater
Providers ("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: A copy of the Pennsylvania
Mutual Agreement for Water/Wastewater Providers is on file in the
Borough offices.
B.
Any funds for the Agreement may be appropriated by
the Borough Council as it shall determine, in its sole discretion,
from time to time.
C.
Real and personal property may be acquired, managed
or disposed of under this article.
D.
Each party has the power to enter into contracts for
policies of group insurance and employee benefits, including social
security, for all of its employees, including those whose duties further
the purposes of the Agreement.
The President of the Borough Council is hereby
authorized to execute all documents and perform all actions necessary
to cause the Borough 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 Borough
Council that this article would have been adopted had such unconstitutional,
illegal or invalid sentence, clause, phrase, section or part thereof
not been included therein.
This article shall become effective as provided
by law. As to any specific party, the Agreement shall be effective
upon the effective date of the Intergovernmental Cooperation Ordinance
last enacted by the Borough and that party.
