Framework Agreement between the Canton of Aargau and the Canton of Zurich on Cooperation Between Municipalities

1. Scope of the Framework Agreement

The framework agreement applies to

a. Municipalities of the contracting cantons that cooperate across borders;

b. Forms of cross-border intercommunal cooperation.

2. Forms of cross-border intercommunal cooperation are

a. Legal entities under public or private law in which municipalities of the contracting cantons participate for the fulfillment of common tasks (organizations);

b. Long-term contracts between municipalities of the contracting cantons or their organizations according to lit. a, in which it is agreed that

1. One municipality or its organization performs one or more tasks for one or more other municipalities;

2. Several municipalities or their organizations perform one or more tasks jointly.

Scope of Application

Existing

intercantonal

treaties

reserved

The following intercantonal treaties, which regulate forms of cross-border intercommunal cooperation, remain reserved

a. Agreement between the Governments of the Cantons of Aargau and Zurich concerning the Civil Registry Service of the Municipality of Bergdietikon of March 23, 2004/May 26, 2004⁵,

1. 1. 21-111

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131.6 Framework Agreement AG/ZH – Cooperation between Municipalities

b. State Treaty between the Cantons of Aargau and Zurich concerning the fulfillment of municipal tasks for the Fahr Monastery of November 7/14, 2007³.

**1 Forms of cross-border intercommunal cooperation are governed by the law of the contracting canton where the focus of their task fulfillment lies.**

a.

b.

**2 The focus of task fulfillment is determined by the location of facilities or**

**the business activity.**

**3 The law determined in accordance with paragraphs 1 and 2 is applicable to the extent that it is directly necessary for cross-border intercommunal cooperation.**

¹ The law of the contracting canton at the situs of the immovable property is applicable to real estate.

² The law of the contracting canton to which a municipality belongs applies to the decision-making of the municipality concerning

a. The enactment, amendment, or repeal of the legal bases for a form of cross-border inter-municipal cooperation,

b. Accession to or withdrawal from a form of cross-border inter-municipal cooperation.

¹ According to the law of each Contracting Canton, it shall be determined whether

the enactment, amendment, or repeal of the legal basis

of a form of cross-border intercommunal cooperation

requires cantonal approval.

² If, according to the law of a Contracting Canton, there is an approval

requirement, that Canton is responsible for the approval procedure.

³ If, according to the law of both Contracting Cantons, there is an approval

requirement, the Contracting Cantons shall coordinate the procedure. The co-

ordination shall be led by the Canton whose law is applicable

pursuant to Art. 3.

The supervision of the forms of cross-border

intercommunal cooperation is exercised by the contracting canton

whose law is applicable.

The state liability is governed by the applicable cantonal law in accordance with Art. 3.

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Framework Agreement AG/ZH – Cooperation between the Municipalities 131.6

1. In disputes arising from cross-border inter-municipal cooperation, an amicable solution shall be sought.

2. If an agreement is not possible, the following shall be decided by an arbitral tribunal

a. Disputes between an organization according to Art. 1 para. 2 lit. a and one or more municipalities participating in it,

b. Disputes between the municipalities participating in a form of cross-border inter-municipal cooperation.

3. The governments of the contracting cantons shall, within 30 days of a party involved in a form of cross-border inter-municipal cooperation initiating arbitral proceedings, each appoint an arbitrator as a member of the arbitral tribunal. The two arbitrators shall jointly, within a further period of 15 days, designate a third member who shall preside. If the two arbitrators cannot agree on a person within the deadline, this person shall be appointed by the President of the High Court of the contracting canton whose law is applicable according to Art. 3.

4. Otherwise, the procedure shall be determined by the provisions of the Swiss Civil Procedure Code of December 19, 20087 regarding arbitration.

5. The decisions of the arbitral tribunal are final, subject to any federal appeal. They shall be communicated to the governments of the contracting cantons.

**Termination**

The framework agreement may be terminated with four years’ notice to the end of a calendar year.

**Existing**

Intercantonal

The following intercantonal treaties are repealed: Repeal

a. State Treaty between the Governments of the Cantons of Aargau and

Zurich concerning the construction and operation of a joint wastewater treatment plant Treaties

and joint intake channels by the resident municipalities

Ehrendingen and Schneisingen as well as by the political municipalities

Niederweningen, Oberweningen, Schleinikon and Schöfflisdorf

of June 19 / September 13, 1972,

b. State Treaty between the Governments of the Cantons of Aargau and

Zurich concerning the construction and operation of a joint shooting range

by the resident municipality of Spreitenbach as well as the political

municipalities of Geroldswil and Oetwil a. d. L. of January 30, 1985 /

April 14, 1986,

1. 1. 21-111

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131.6 Framework Agreement AG/ZH – Cooperation between the Municipalities

c. State Treaty between the Canton of Aargau and the Canton of Zurich

concerning the Kelleramt Wastewater Association of September 4, 2013 /

October 30, 2013.

Entry into force

and Publication

The framework agreement comes into force on January 1, 2021, and

will be published in the collections of laws of the contracting cantons.

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1 OS 75, 554; Rationale ABI 2020-11-06.

2 Entry into force: January 1, 2021.

3 LS 131.5.

4 LS 172.1.

5 LS 231.13.

6 SAR 171.100.

7 SR 272.