Township of Bern, PA Article III Wastewater Treatment and Disposal Service Agreement

[Adopted 7-9-2003 by Ord. No. 206-2003]

§ 19-9 Incorporation of caption and recitals by reference.

The caption of and recitals to this article as set forth above are incorporated herein by reference.

§ 19-10 First Amendment to Intermunicipal Agreement.

This Township shall join with Leesport Borough Authority, Ontelaunee Township, Ontelaunee Township Authority and Bern Township Municipal Authority in accordance with the Pennsylvania Intergovernmental Cooperation Act[1] by entering into the First Amendment to Intermunicipal Agreement which is adopted by reference with the same effect as if it had been set out verbatim in this section and a copy of which shall be filed with the minutes of the meeting at which this article was enacted.

[1] Editor's Note: See 53 Pa.C.S.A. § 2301 et seq.

§ 19-11 Authority to enter agreement.

This Township is authorized to enter into the First Amendment to Intermunicipal Agreement for the purposes contained therein. This action is to be taken by the officials or employees of the Township designated for this purpose, pursuant to general or specific instructions issued by the Board of Supervisors.

§ 19-12 Findings and determinations.

As required by the Intergovernmental Cooperation Act, the following matters are specifically found and determined:

A. The conditions of the agreement are set forth in the First Amendment to Intermunicipal Agreement referred to in § 19-10.

B. The term of the First Amendment to Intermunicipal Agreement is perpetual unless terminated by agreement of the parties.

C. The purpose and objectives of the First Amendment to Intermunicipal Agreement are to enter into an intergovernmental contract to acquire wastewater treatment capacity in the treatment plant and to provide the terms and conditions for the acquisition of such treatment capacity and payment of the cost for wastewater treatment and disposal services at the treatment plant.

D. Any extensions of the sewer system shall be financed by landowners desiring such service extension. BTMA shall finance the operating costs of its sewer system through sewer rates imposed upon sewer system customers. This Township does not anticipate any direct expenditures under the First Amendment to Intermunicipal Agreement but pledges to cooperate in applications for grant funding and similar matters.

E. No new administrative structure shall be formed under the First Amendment to Intermunicipal Agreement.

F. All property, real or personal, shall be acquired, managed or disposed of by each municipality and authority.

G. Each municipality and each authority has the power to enter into contracts for policies of insurance or other employee benefits.