[Adopted 7-11-2016 by Ord. No. 16-295; amended in its entirety 10-9-2018 by Ord. No. 18-309]
This article shall be known and may be cited as the "Renewed Intergovernmental Agreement for the Development of an Alternative TMDL Plan for the Wissahickon Creek Watershed."
A. 
Montgomery Township is a second class township.
B. 
The Act of December 19, 1996, P.L. 1158, No. 177, referred to as the Intergovernmental Cooperation Law provides that local governments may jointly cooperate in the exercise or in the performance of their respective governmental functions, powers, or responsibilities.[1]
[1]
Editor's Note: See 53 Pa. C.S.A. § 2301 et seq.
C. 
In 2016, the Wissahickon Creek Watershed Municipalities (including Abington Township, Ambler Borough, Cheltenham Township, Horsham Township, Lansdale Borough, Lower Gwynedd Township, Montgomery Township, North Wales Borough, Philadelphia County, Springfield Township, Upper Dublin Township, Upper Gwynedd Township, Upper Moreland Township, Whitemarsh Township, Whitpain Township, and Worcester Township) and certain wastewater treatment plants, including Abington Township Wastewater Treatment Plant, Abington Borough Wastewater Treatment Plant, Upper Gwynedd Township Wastewater Treatment Plant, Upper Dublin Township Wastewater Treatment Plant (Bucks County Water & Sewer Authority) entered into an intermunicipal agreement for the development of an alternative TMDL plan for the Wissahickon Creek Watershed ("agreement").
D. 
The term of the agreement was for two years and the agreement stated funds to be provided by each of the Wissahickon Creek Watershed Municipalities to fund the work described in the agreement during those two years.
E. 
Certain municipalities and authorities who were parties to the agreement, including Montgomery Township, now desire to enter into a new intergovernmental agreement (the "renewedy agreement") to renew the project described in the agreement through March 31, 2020, and to provide funding for the activities described in the renewed agreement in the amount of $5,000 in 2018 and $10,000 in 2019.
F. 
The renewing municipalities and authorities are Abington Township, Ambler Borough, Cheltenham Township, Lansdale Borough, Lower Gwynedd Township, Montgomery Township, North Wales Borough, Philadelphia County, Springfield Township, Upper Dublin Township, Upper Gwynedd Township, Whitemarsh Township, Whitpain Township, Abington Township Wastewater Treatment Plant, Ambler Borough Wastewater Treatment Plant, Upper Gwynedd Township Wastewater Treatment Plant, Upper Dublin Township Wastewater Treatment Plant (Bucks County Water & Sewer Authority).
A. 
The goal of the alternative TMDL plan is to achieve water quality standards in water bodies throughout the Wissahickon Creek Watershed.
B. 
The objectives of the alternative TMDL plan are delineated in the attached Renewed Agreement's Attachment "A" ["Milestones"].[1]
[1]
Editor's Note: Attachment "A" is on file in the Township offices.
A. 
The terms of the renewed agreement, including (1) intergovernmental agreement; (2) definitions; (3) guiding principles; (4) goals and objectives; (5) administrative organization; (6) applicable law; (7) integration; (8) no oral modification; (9) severability; (10) representation by counsel; (11) counterparts; and (12) execution by facsimile or electronic scanning, are set forth in the attached renewed agreement as Appendix "A" and incorporated in this article as though set forth in full.[1]
[1]
Editor's Note: Appendix "A" is on file in the Township offices.
B. 
In addition to the required funding under the terms of the renewed agreement, any additional funds for the implementation and enforcement of the renewed agreement may be appropriated by the Board of Supervisors, as it shall determine, in its sole discretion, from time to time by resolution.
The Chair of the Board of Supervisors is hereby authorized to execute all documents and perform all necessary actions to cause the Township to enter into the renewed agreement, the terms of which are officially adopted through the enactment of this article.
All ordinances or parts of ordinances inconsistent herewith or in conflict with any of the specific terms enacted hereby, to the extent of said inconsistencies or conflicts, are hereby specifically repealed. Any other terms and provisions of the ordinances of the Township that are unaffected by this article are hereby reaffirmed and ratified.
Should any section, paragraph, sentence, clause, or phrase in this article be declared unconstitutional or invalid for any reason, the remainder of the article shall not be affected thereby and shall remain in full force and affect, and for this reason the provisions of this article shall be severable.