ORDINANCE NO

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Liliana Bradley
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1 ORDINANCE NO AN ORDINANCE ADOPTING AND RATIFYING AN AGREEMENT BY AND BETWEEN THE TOWNSHIP OF PORTAGE AND THE TOWNSHIP OF SUMMERHILL IN ACCORDANCE WITH ACT OF JULY 12, 1972 (P.L. 762, No. 180), REFERRED TO AS THE INTERGOVERNMENTAL COOPERATION LAW PROVIDING FOR THE MAINTENANCE OF EXCHANGED ROADWAYS AS IDENTIFIED IN THE AGREEMENT. WHEREAS, the Township of Portage and the Township of Summerhill, pursuant to the authority vested in Act of July 12, 1972, (P.L. 762, No. 180), referred to as the Intergovernmental Cooperation Law are desirous of entering into a formal written agreement providing for duties and responsibilities concerning maintenance of exchanged roadways located in Portage Township and Summerhill Township. Be it enacted and ordained, by the Township of Portage, Cambria County, Pennsylvania, and it is hereby enacted and ordained by the authority of the same as follows: SECTION 1. There is hereby adopted and ratified an agreement for intergovernmental cooperation known as the Portage Township/Summerhill Township Road Agreement, hereinafter referred to as Agreement. SECTION 2. This agreement is entered into pursuant to the provisions of the Act of July 12, 1972, (P.L. 762, No. 180), referred to Intergovernmental Cooperation Law. SECTION 3. The purposes and objectives of the agreement are as follows: (a) provides that the municipalities mutually agree to exchange liquid fuel allocations applicable to 610 feet of Caldwell Avenue from Summerhill Township to Portage Township and 540 feet of Pumphouse Road and 180 feet of Roberts Road in Portage Township to Summerhill Township. In accordance with the terms of the agreement, Portage Township will maintain the 540 feet to Caldwell Avenue and Summerhill Township will maintain the 540 feet of Pumphouse Road and the 180 feet of Roberts Road. This maintenance of exchanged areas has been reviewed and approved by the Commonwealth of Pennsylvania Department of Transportation and is allowable under liquid fuels procedures as evidenced by letter dated May 20, 1997 from the Department of Transportation District Engineer addressed to Portage Township. (b) to enter into all conduct identified in the attached agreement. SECTION 4. Each respective township shall act as the parties to the agreement and no new organizational structure is authorized.

2 SECTION 5. It is the intent of the municipality that the provisions of this Ordinance are severable and the invalidity of any section, subsection, clause or provision of this Ordinance shall not affect to impair the validity of any other part of this Ordinance which can be given effect without the invalid part or parts. SECTION 6. All Ordinances or parts of Ordinances inconsistent herewith, be and the same are hereby repealed insofar as inconsistent only. The provisions of this Ordinance, so far as they are consistent with those Ordinances and regulations in force immediately prior to the enactment of this Ordinance, are intended as a continuation of such prior Ordinances and regulations and not as new enactments. SECTION 7. This Ordinance shall be effective immediately, or as soon as legally permissible and shall remain in effect unless and until subsequently appealed or amended. ORDAINED and ENACTED at a duly assembled public meeting by the Township of Portage, Cambria County, Pennsylvania, this 6 th day of November, ATTEST: By: Secretary By: Supervisor By: Supervisor By: Supervisor

3 AGREEMENT THIS AGREEMENT made this 5 th day of August, 1997, by and between the TOWNSHIP OF PORTAGE, with its principal place of business at Miller Shaft, Portage, Portage Township, Cambria County, Pennsylvania, and its mailing address at P.O. Box 396, Portage, Pennsylvania, A N D THE TOWNSHIP OF SUMMERHILL, with its principal place of business at 511 Irvan Street, Beaverdale, Summerhill Township, Cambria County, Pennsylvania, WHEREAS, a question exists as to whether a certain settlement lies in Portage Township or in Summerhill Township; and WHEREAS, a survey map adopted by the Court of Quarter Sessions of Cambria county in 1937, declared the location of the common boundary in the area in question; and WHEREAS, the United States Geological Survey map shows the boundary to be in a different location; and WHEREAS, the Township of Portage, pursuant to a survey prepared by CPS Surveys, Inc., Lounge s MiniMall, Ebensburg, Pennsylvania 15931, determined that approximately six hundred ten (610) feet section of Caldwell Avenue is located in Summerhill Township and four hundred sixty (460) feet of Pumphouse Road is located in Summerhill Township resulting in a total of one thousand seventy (1,070) total feet of roadway located in Summerhill Township, Cambria County, Pennsylvania; and WHEREAS, the Pennsylvania Department of Transportation has paid liquid fuels monies to Summerhill Township, based on the location of the boundary as shown on the United States Geological Survey Map; and WHEREAS, the area in question is designated as Roberts Road and Pumphouse Road in Summerhill Township, and as Caldwell Avenue in Portage Township; and WHEREAS, the Supervisors of both municipalities desire to resolve the question of the providing of municipal services to the area in question without the necessity and cost of having the exact location established by survey. NOW, THEREFORE, based on the mutual covenants herein stated and intending to be legally bound, it is hereby agreed as follows:

4 1. (a) The Township of Portage and the Township of Summerhill mutually agree to exchange liquid fuel allocations applicable to six hundred ten (610) feet of Caldwell Avenue from Summerhill Township to Portage Township and five hundred forty (540) feet of Pumphouse Road and on hundred eighty (180) feet of Roberts Road in Portage Township to Summerhill Township. In accordance with the terms of this Agreement, Portage Township will maintain the six hundred ten (610) feet of Caldwell Avenue and Summerhill Township will maintain the five hundred forty (540) feet of Pumphouse Road and on hundred eighty (180) feet of this maintenance of exchanged areas has been reviewed and approved by the Commonwealth of Pennsylvania Department of Transportation and is allowable under liquid fuels procedures as evidenced by a letter dated May 20, 1997, from the Department of Transportation District Engineer addressed to Portage Township. (b) The parties acknowledge that maintenance as set forth above shall be defined as plowing snow in the winter, patching potholes, berm/ditch drainage and weed/brush cutting. Maintenance shall not include improvements/replacement/resurfacing/repaving of the existing road surface. 2. The parties hereto agree that this Agreement shall be effective and deemed in force when it has been adopted by each municipality and thereafter duly executed by this appropriate officers of the parties hereto. 3. No waiver of any covenant or condition or of the breach of any covenant or condition of this agreement shall be taken to constitute a waiver of any subsequent breach of such condition or covenant, nor to justify or authorize the nonobservance of any other occasion of the same or of any other covenant or condition hereto. 4. Either party shall have the right to withdraw from participation in this agreement if funding, sufficient to cover the monies due is decreased. This loss of funding determination shall be solely within the discretion of the withdrawing party. Further, either party shall have the right to withdraw from this agreement if the other party fails to satisfy all terms and conditions of this agreement applicable to maintenance of the exchanged areas/roads. Termination of this agreement shall be effective ten (10)

5 days after receipt of the certified mailing referenced in paragraph 7 below. The breaching party shall have no right to remedy the breach, unless agreed in writing by the nonbreaching party. 5. Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between the Township of Portage and the Township of Summerhill. 6. This writing contains the entire agreement between the parties hereto and no agent, representative, employee or officer of the parties hereto has authority to make or has made any statement, agreement or representation, either oral or written, in connection herewith, modifying, adding or changing the terms and conditions herein set forth. No dealings between the parties or custom shall be permitted to contradict, vary, make alterations to, or modify the terms hereto. 7. All notices required hereunder shall be given by certified mail, postage prepaid, and shall be given to: (a) (b) PORTAGE TOWNSHIP Municipal Building Portage, Pennsylvania SUMMERHILL TOWNSHIP 511 Irvan Street Beaverdale, Pennsylvania This agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. 9. This agreement shall be construed in accord with and governed by the laws of the Commonwealth of Pennsylvania. Venue for all legal actions arising out of this Agreement shall be Cambria County. 10. No right or remedy herein conferred upon or reserved to either party is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to any other right or remedy given by this Agreement or now or hereafter existing at law or in equity. The failure of either party to insist upon the strict

6 performance of any obligations shall not be deemed a waiver thereof. 11. If either party shall at any time be in default under this Agreement and if the non-defaulting party shall institute a legal action or summary proceeding against the defaulting party based upon such default, then the losing party will reimburse the prevailing party for its reasonable attorney s fees and disbursements. 12. If any provisions of this Agreement, or its application to any situation, shall be invalid or unenforceable to any extent, the remainder of this Agreement, or the application thereof to situations other than as to which it is invalid or unenforceable, shall not be affected thereby, and every provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 13. The captions appearing with the body of this Agreement have been inserted as a matter of convenience and for reference only and in no way define, limit or enlarge the scope of meaning of this Agreement or any provision of this Agreement. 14. Nothing contained in this agreement shall provide, apply/infer that the Joint Commission is authorized to engage in any conduct which is not in compliance with all Federal, State and Local laws, rules, and regulations that presently exist and/or are adopted/amended in the future. 15. No amendment or modification of this agreement shall be deemed effective unless and until executed in writing by the parties hereto with the same formality attending execution of this agreement. IN WITNESS WHEREOF, this Agreement is executed by the participating Municipalities hereafter named pursuant to the authorization of the governing bodies as hereinafter set forth, effective as of the 5 th day of August, ATTEST: TOWNSHIP OF PORTAGE By: Secretary By: By:

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