[Adopted 8-26-2013 by Ord. No. 2013-06]
This article shall be known and may be cited as the "Intergovernmental Cooperation Ordinance Between Lower Allen Township and Upper Allen Township."
The background of this article and the legislative intention of the Board in enacting it are as follows:
A. 
The Township of Lower Allen is a municipality of the Commonwealth of Pennsylvania.
B. 
The Township of Upper Allen is a municipality of the Commonwealth of Pennsylvania.
C. 
The Townships are traversed by Gettysburg Road.
D. 
The Townships wish to cooperate to make improvements to Gettysburg Road.
E. 
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 two or more municipalities may jointly cooperate in the exercise or in the performance of their respective governmental functions, powers or responsibilities.
F. 
And further, the Transportation Partnership Act of July 9, 1985, P.L. 187, No. 47, referred to as the "Transportation Partnership Act," 53 P.S. § 1621 et seq., creates its authority in municipalities to create financing for public transportation and improvements.
G. 
The Pennsylvania First Class Township Code[1] authorizes Townships to enter into joint municipal agreements with other political subdivisions in common endeavors to enhance the performance of governmental powers, duties and functions.
[1]
Editor's Note: See 53 P.S. § 55501 et seq.
H. 
The Board finds that it is in the best interest of its citizens to arrange for a Transportation Development District in cooperation with Upper Allen Township.
Lower Allen Township ("Township") hereby approves entering into an agreement, a copy of which is attached here and incorporated herein by reference with the intent to cooperate with Upper Allen Township in the creation of Transportation Development District with the goal of improving the function and safety of Gettysburg Road.[1]
[1]
Editor's Note: Said agreement is on file in the Township offices. Ordinance No. 2013-07, adopted 12-9-2013, also on file in the Township offices, provided for the establishment and boundaries of the Gettysburg Road Transportation District and the 2013 Gettysburg Road Transportation Assessment Plan.
The President or Vice President of the Board of Commissioners, acting alone or together with the Secretary and Assistant Secretary, are hereby authorized and directed on behalf of Lower Allen Township to execute and deliver the agreement to execute and deliver such additional instruments, to take such further actions as deemed necessary or appropriate to further carry forth the agreement and transactions to be effected under the agreement, including the financing, construction, public bidding, etc., with Upper Allen Township by agreement.
All actions of the President or Vice President of the Board of Commissioners of Lower Allen Township hereto undertaken in the pursuit of the establishment of the Transportation Development District with Upper Allen Township are hereby ratified and approved by all respects.
As required by the Pennsylvania Intergovernmental Cooperation Act, the following matters are specifically found and determined:
A. 
The conditions of the agreement are set forth in the agreement.
B. 
Lower Allen Township shall participate with Upper Allen Township for an initial term of 10 years. All renewal terms shall be further set forth therein.
C. 
The purpose and objectives of the agreement are set forth in the preamble of the ordinance and the agreement.
D. 
The Commissioners in each Township will manage the project.
E. 
No property, real or personal, shall be acquired, managed, licensed and disposed of based on this intergovernmental agreement.
F. 
Upper Allen Township and Lower Allen Township shall be empowered to enter into contracts or policies necessary to effectuate 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 that this article would have been adopted had such unconditional, illegal or invalid sentence, clause, phrase, section or part thereof not been included therein.