[Adopted 12-12-2017 by Ord. No. 18-2017[1]]
[1]
Editor's Note: This ordinance also superseded former
Article II, Sewage Allocation and Receipt, adopted 10-11-1995 by Ord.
No. 18-1995.
The Council of the Borough of West Chester hereby approves the
sewer capacity agreement between the Borough of West Chester and the
Township of East Bradford which is attached hereto, made a part hereof
and marked as Exhibit A.[1] The President of the Borough Council is hereby authorized
to sign the agreement on behalf of the Borough, and the appropriate
officers of the Borough are hereby authorized to do whatever is necessary
and appropriate to carry out the provisions of the sewer capacity
agreement and this article.
[1]
Editor's Note: Exhibit A is on file in the Borough offices.
In accordance with the Intergovernmental Cooperation Act of
1972, as amended (53 Pa.C.S.A. § 2301, et seq., as amended,
and specifically § 2307 thereof), the following is recited:
A.
Conditions, purpose and objective of the sewer capacity agreement.
By the terms of the agreement, the Borough agrees to receive, convey
and treat sewage waste from properties in the Township of East Bradford.
B.
Fees and expenses. The Township of East Bradford shall pay to the
Borough of West Chester all of the amounts, fees and expenses as set
forth in the sewer capacity agreement attached hereto as Exhibit A,
including but not limited to those set forth in Article 8, titled
"Charges and Payments"; for necessary modifications to the sewage
collection system as set forth in Section 4.04; and a proportionate
share of the cost of capital expenditures as set forth in Article
5.
C.
Term. The sewer capacity agreement shall be in effect for a term
of five years commencing on or about November 14, 2017.
D.
Other provisions. The sewer capacity agreement does not require any
new organizational structure or financing and, to the extent as may
be necessary, requires the Borough of West Chester to acquire, manage,
license and dispose of real and personal property and manage and provide
benefits to Borough employees necessary to implement the agreement.
E.
No new entity is created by the sewer capacity agreement.
