Resolution No

ORDINANCE NO. 2009 – XXX AUTHORIZING AND APPROVING A PLAN OF THE TOWNSHIP OF LYNN, LEHIGH COUNTY, PENNSYLVANIA Whereas, the Board of Supervisors of Lynn Township, Lehigh County, Pennsylvania (hereinafter, the Board) recognizes and observes its duties, responsibilities and obligations as set forth in the Pennsylvania 2nd Class Township Code, Act 69 of 1933, P.L. 103; 53 P.S. Sec. 65101; Whereas further, the Board seeks to comply fully with the obligations and procedures as required under the Pennsylvania Municipalities Planning Code (MPC) a/k/a Act 247, 53. P.S. Sec. 10101 et. seq.; Whereas, the Board recognizes and seeks to encourage long term fiscal and administrative planning; Whereas, the residents and freeholders of Lynn Township, (hereinafter, the Township) are burdened with increasing taxes and complicated layers of governance including national, state, local and administrative entities and agencies; Whereas, the residents and freeholders of Lynn Township are diverse and oft share irreconcilable goals, agendas and pursuits, thereby finding themselves at odds with themselves or with their various governing bodies; Whereas the Board seeks to perform and observe its obligations whilst recognizing and balancing the needs and wants of its citizenry; Whereas the Board, with deliberation, has set forth its long term plan in conformance with the above. And Whereas said long year plan included the following: 1. 2. 3. 4. 5. 6. 7.

The incorporation of the proposed Borough of New Tripoli, as set forth in the attached uncontested Petition; The within agreement of sale of Ontelaunee Park, to the Northwestern Recreation Commission, hereinafter, the purchaser; The duly enacted Ordinance authorizing the dissolution of the Lynn Township Sewer Authority, with a resultant transfer by Township of such real assets to the Lehigh County Authority, LCA; The vacation of all Township roads; The preservation of all farms and agricultural lands outside the proposed Borough of New Tripoli; The sale by competitive process of all Township assets and distribution of any proceeds thereof; The repeal of all ordinances inconsistent with the within Ordinance

Be it hereby resolved as follows: 1.

In consideration of the promises and covenants as set forth in the within agreement of sale, Lynn Township does hereby grant and covey the premises known as Ontelaunee Park to the Northwestern Recreation Commission.

2.

The within Petition of the proposed Borough of New Tripoli is approved. Lynn Township officially recognizes the municipality of New Tripoli, a Pennsylvania Borough.

3.

The Lynn Township Sewer Authority is hereby dissolved. The Township thereby assumes and guarantees any outstanding debt of the former Authority and takes title and ownership of any asset, including the facility known as the Lynn Township Waste Water Treatment Plant (WWTP).

4.

In consideration of $1.00, duly paid in hand, the receipt of which is acknowledged by the undersigned, the Township of Lynn, (leasor) hereby leases, for a term of 100 years, the WWTP, and any remaining sewage collection system within the Township to LCA (lessee). In so doing, LCA shall be bound by the terms of any approved Act 537 Plan, and the amendments thereto, rates shall remain unchanged except in conformance with said plan, thereby being fixed in time and amount, and further for a period not to exceed 5 years from the completion of work. LCA shall additionally keep such facilities in good working, in clean and safe order, and observe all regulations and orders of the Department of Environmental Protection, DEP,, at no expense to the Township.

5.

All Township roads are hereby vacated. Abutting or adjacent landowners shall take title to any lands thereunder in conformance with the laws of the Commonwealth o Pennsylvania. Those who shall possess easements of ingress and egress over all such roads now vacated.

6.

By these presents, all persons may know and all take heed. Bids for the real estate and personal property therein are being taken for the premises known as 7911 Kings Highway, New Tripoli, PA 18066. Bid may be submitted in writing to said address during business hours no later than September 30, 2009.

7.

Proceeds from all such activities herein shall be distributed on an allocation basis to the owners of any remaining unpreserved farms within the Township (all two of them). In exchange thereoff, owners have agreed, and shall upon receipt, grant and convey any remaining non-agricultural development rights.

8.

All ordinances, resolutions, order or directives in conflict with the forgoing are hereby repealed.

9.

The tax levy known as the Lynn Township Real Property tax is hereby set to zero mils. Earned income tax and any per captia or occupational privileged tax are hereby repealed.

Attest: I, the Recording Secretary of the Township Lynn do hereby attest that at a regular and duly advertised meeting of the Board, by voice vote of 2, with one member being unable to decide, the within Motion carried, and that the following undersigned, being authorized, said signatures do appear as indicated hereunder Supervisors:

/s/ Mr. Dewey Chairman /s/ Mr. Cheatum Vice Chairman /s/ Mr. Howe Member