A. Entry into IMA. In order to implement the intent and terms of this Article, the municipality, pursuant to the authority of the Intergovernmental Cooperation Act, Act of July 12, 1972, No. 180, codified at 53 P.S. §§ 481 to 490 (Purdon 1974 and Purdon Supp. 1988) and Article IX, Section 5 of the Constitution of the Commonwealth of Pennsylvania, has determined to enter into the IMA between the municipality, the county and other municipalities within Solid Waste Districts Nos. One and Two of the county, together with such changes consistent with this Article, if any, as may be approved by the officials of the parties executing the same, such execution to be conclusive evidence of such approval.
B. Terms and implementation of IMA. As more fully set forth in the IMA and this Article:
(1) Conditions and terms of IMA. In the IMA:
(a) The county or the municipal waste authority agrees to arrange through the county system for the provision of municipal waste disposal facilities for the economical and environmentally sound disposal of acceptable waste generated within the participating municipalities and, in the course thereof, to arrange for the construction of a privately owned one-thousand-two-hundred-ton-per-day facility for the processing or other disposition of acceptable waste generated within the several jurisdictions of the participating municipalities.
(b) The participating municipalities state that they have enacted a municipal waste flow ordinance in a form substantially similar to this Article and assure that the residential component of their acceptable waste will be delivered to the county system.
(c) The county or the municipal waste authority agrees to enact or cause to be enacted rules and regulations and to enforce or cause to be enforced this Article and the County Waste Flow Ordinance and the parallel municipal waste flow ordinances.
(d) The parties agree to cooperate in the joint enforcement of the IMA and all ordinances enacted pursuant to the IMA, and the participating municipalities thereby agree cooperatively to exercise, to delegate to the county or the municipal waste authority and to allow delegation of such powers, duties and responsibilities as set forth in the IMA.
(2) Duration of term of the IMA. The term of the IMA shall commence on the closing date for the financing of the facility and shall terminate on the earlier of the 30th anniversary of such date or at the end of the operating year in which all bonds and any other indebtedness outstanding issued in connection with the bonds or owed to any assignee has been paid in full.
(3) Purpose and objectives of IMA. The purpose of the IMA is to provide a mechanism to finance, to construct and to operate the county system to serve the municipalities within the county and to provide continuing municipal waste planning, as more fully set forth in the recitals to the IMA and this Article.
(4) Manner and extent of financing the IMA. During the term of the IMA, participating municipalities and other persons using the county system shall pay to the county on a monthly basis the then-current per-ton municipal tipping fee, plus any other charges payable, as specified by the county and then in effect, for all tonnage delivered or caused to be delivered to the county system, in accordance with Article III of the IMA.
C. Execution. Appropriate officers of this municipality are authorized and directed to execute the IMA on behalf of this the municipality.
D. Findings under Intergovernmental Cooperation Act.
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As required by the Intergovernmental Cooperation Act of July 12, 1972, P.L. 762, No. 180, as amended, the following matters are specifically found and determined:
(1) The conditions of agreement are set forth in the IMA.
(2) The duration of the term of the agreement is set forth in Section 901 of the IMA.
(3) The purpose of the IMA is to cooperate with the county or municipal waste authority and other participating municipalities in implementing the plan.
(4) The agreement will be financed through the budgeting and appropriation of funds by the municipality as necessary to meet the municipality's obligations.
(5) The organizational structure necessary to implement the agreement is set forth in the IMA with which the current officers of the municipality shall cooperate.
(6) The manner in which property, real or personal, shall be acquired, managed, licensed or disposed of is by way of lease or other contract otherwise as set forth in the IMA.
(7) The agreement contemplates cooperation with the county or municipal waste authority, which entities are empowered to enter into contracts for policies of group insurance and employee benefits, including social security, for its employees.
7 Editor's Note: See 53 P.S. § 481 et seq.