This intergovernmental cooperation agreement is approved, in consideration of the various covenants, promises and conditions hereinafter set forth and for other good and valuable consideration receipt of which is hereby acknowledged, it is hereby authorized and agreed by and between the Township of Conemaugh, Somerset County and the Township of Upper Yoder, Cambria County as follows.
(A) The Township of Conemaugh, Somerset County, is authorized to provide public sewer service to those properties, to which it has heretofore provided or agreed to provide public sewer service, by itself or through its designated agency, located in Upper Yoder Township, Cambria County, hereinafter sometimes, “service by Conemaugh”. Conemaugh Township may not provide service to any other customers located within Upper Yoder Township without the formal written consent, authorized at a public meeting, of the Upper Yoder Township Board of Supervisors.
(B) The Township of Upper Yoder is authorized to provide public sewer service, to which it has heretofore provided or agreed to provide public sewer service, by itself or through its designated agency or authority, to those properties as set forth by the Board of Supervisors. Upper Yoder Township may not provide service to any other customers located within Conemaugh Township without the formal written consent, authorized at a public meeting, of the Conemaugh Township Board of Supervisors.
(C) In providing the extraterritorial service authorized in divisions (A) and (B) above, each township hereby authorizes the other to avail itself of all remedies, rights and privileges to establish rules, operate the public sewer system and compel connection to the public sewer system as authorized by Article XXV of the Second Class Township Code, and the mandatory tap ordinances, Ord. 54 and 265, as the same may be amended from time to time, in Upper Yoder Township and Ord. 614 (as codified in §§ 52.045 through 52.048 of this code of ordinances), as the same may be amended from time to time, in Conemaugh Township, together with all rights of a municipality to file and enforce municipal liens to enforce the payment of charges and to pursue any other right of enforcement or remedy afforded by law. In matters involving initial hookup of extraterritorial customers, the municipality providing service outside its boundaries shall enforce its municipal rules regarding decommissioning of septic tanks. In matters involving enforcement and filing municipal liens, the municipality providing service outside its boundaries shall provide notice to the other municipality of the placement of liens.
(D) The Township of Conemaugh and the Township of Upper Yoder each agree and promise to treat any public sewer service customer physically located outside of each township according to the same rates, rules and regulations, as the same may be amended from time to time, as apply to customers located inside the township. Each township ratifies and confers upon the other the right to prosecute violation of such ordinance’s rules and regulations imposed by the sewer service provider on its customers.
(E) This section and the agreement adopted herewith shall constitute a binding agreement and shall be sufficient warrant and authority for the officers and officials as appointed by each township to perform and execute their duties and activities upon the authorized properties in the other township.
(F) The officers and officials of each township, acting with respect to extraterritorial customers coming under the terms of this agreement shall be at all times under the immediate supervision, direction and control of the township providing public sewer service. Questions, comments or complaints concerning the provision of services outside of each township pursuant to this section and agreement shall be presented in writing to the Board of Supervisors of the township providing the service. Any comments so received shall be answered in writing within five days of the next regularly scheduled meeting of the Township Supervisors.
(G) Without waiving the defense of sovereign or governmental immunity as may be available in any particular case, each township shall indemnify and hold harmless the other from any liability imposed solely through the acts of the township providing public sewage service outside its geographic limits.
(H) The term of this agreement shall commence five days from the date of adoption and shall continue until December 31, 2011. This agreement shall automatically renew unless either party gives notice at least 120 days prior to expiration of any term of its desire to revoke or modify this agreement.
(I) Each township agrees to assist and cooperate, at no cost to the other township, in any grant application for funds or equipment which in the opinion of the township may be used or useful in providing services under this agreement. Any equipment or property acquired pursuant thereto shall be and remain the sole property of township acquiring it.
(J) The agreement expressed in this section shall, upon adoption, be binding and shall inure to the benefit of the parties hereto and their respective authorities, agents, successors and assigns.
(Ord. 682, passed 3-16-2011)