O RDIN A N C E N O . 1312 F O R T H E Y E A R 2015

A N O RDIN A N C E O F T H E B O R O U G H O F M IDD L E T O W N , PE NNSY L V A NI A , A M E NDIN G T H E C O D E O F O RDIN A N C ES B Y R EPE A L IN G C H APT E R 247 O F T H E C O D E O F O RDIN A N C ES IN I TS E N T IR E T Y A ND A B O L ISH IN G T H E SH A D E T R E E C O M M ISSI O N O F T H E B O R O U G H O F M IDD L E T O W N

W H E R E AS, Chapter 247 of the Borough of Middletown Code of Ordinances established the Shade Tree Commission of the Borough of Middletown,; and W H E R E AS, Chapter 247 of the Borough of Middletown Code of Ordinances further established the composition, rules of procedure, powers, duties, and responsibilities of the Shade Tree Commission; and W H E R E AS, the Shade Tree Commission has been defunct for several years; and W H E R E AS, there are agencies at both the state and federal levels that perform essentially the same functions as the Shade Tree Commission; and W H E R E AS, the Council of the Borough of Middletown desires to repeal Chapter 247 of the Borough Code of Ordinances in its entirety, thus abolishing the Shade Tree Commission of the Borough of Middletown. N O W , T H E R E F O R E , B E I T O RD A IN E D A ND E N A C T E D by the Council of the Borough of Middletown as follows:

Section 1. Chapter 247 of the Borough of Middletown Code of Ordinances is hereby repealed in its entirety.

Section 2. The Shade Tree Commission, established by Chapter 247 of the Borough of Middletown Code of Ordinances, is hereby abolished.

Section 3. Severability. The provisions of this ordinance are severable, and if any clause, sentence, subsection, section, article or part thereof shall be adjudged by any court of competent jurisdiction to be illegal, invalid or unconstitutional, such judgment or decision shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation and application to the clause, sentence, subsection, section, article or part thereof rendered. It is hereby declared to be the intent of the Borough Council that this ordinance would have been adopted if such illegal, invalid or unconstitutional clause, sentence, subsection, section, article or part thereof had not been included therein.

Section 4. Effective Date. This ordinance shall become effective immediately after enactment by Borough Council and approval of the Mayor of the Borough as set forth below.

O RD A IN E D A ND E N A C T E D into law by the Borough of Middletown on this ____ day of _______________, 2015.

A D OPT E D this ______ day of ____________, 2015

B O R O U G H C O UN C I L

O F T H E B O R O U G H O F M IDD L E T O W N A T T EST : By ___________________________ President ______________________________ Secretary

A ND N O W this _____ day of ____________, 2015, the foregoing ordinance is hereby approved. ____________________________ Mayor I hereby certify that this is a true and exact copy of Ordinance No. 1312 adopted by the Middletown Borough Council on the _____ day of ____________, 2015. I also certify that this Ordinance was duly advertised in the _______________________, 2015 edition of ________________, a newspaper of general circulation. __________________________________ Borough Secretary