[HISTORY: Adopted by the Borough Council of the Borough of Freedom 6-11-1984
as Ord. No. 461. Amendments noted where applicable.]
The Borough of Freedom elects to become a member of the Beaver Valley
Council of Governments.
The conditions of the agreement, the manner and extent of financing
the agreement, the duration of the term of the agreement and the organizational
structure necessary to implement the agreement are as specified within the
bylaws, as amended, which were approved by the members of Council of the Borough
of Freedom and which are set forth in Appendix A to this chapter and incorporated
herein.[2]
The President and Secretary of Council are hereby authorized and directed
to take whatever steps necessary, sign whatever documents are necessary and
do all things necessary to enable the Borough of Freedom to become a member
of the Beaver Valley Council of Governments.
There is hereby appropriated from the general fund of the Borough of
Freedom an amount sufficient to pay the annual dues as determined for this
municipality under the terms of the above-mentioned agreement.
[Amended from time to time by the Beaver Valley Council of Governments]
A.
We the duly elected representatives of the Townships
of New Sewickley, Rochester and Harmony and the Boroughs of Ambridge, Baden,
Conway, Economy, Freedom, Rochester and East Rochester hereby join together
in a voluntary organization to be know as the "Beaver Valley Council of Governments."
B.
The purpose of the Beaver Valley Council of Governments
shall be to meet at regular intervals to discuss and study items of mutual
interest and concern and to develop policy and action recommendations for
ratification and implementation by the separate member local governments.
C.
By joining together, we realize our individual and common
governmental destinies rest with the interdependent actions of the local governments.
This voluntary association which we have formed is designed to achieve closer
cooperation since it represents an organization in which the members seek,
by mutual agreement, to solve mutual problems for mutual benefit, and is not
a new layer of government nor a supergovernment.
D.
Our goal is to retain and strengthen local autonomy while
combining our total resources to meet regional challenges which are beyond
our individual capabilities.
E.
This government is for the purpose of forming the Beaver
Valley Council of Governments only. It will still be necessary for participating
municipalities to enter into separate joint municipal agreements for the adoption
of any regional service program(s).
The Beaver Valley Council of Governments shall be a voluntary organization
of local governments to foster a cooperative effort to resolve problems, determine
policies and formulate plans that are common and regional. To serve this purpose,
the organization will:
A.
Forum: Serve as mutual forum to identify, discuss, study
and bring into focus regional problems and needs.
B.
Informational center: Serve as a vehicle for the collection
and exchange of information of regional concern and interest.
C.
Regional process: Provide continuing organizational machinery
to ensure effective communication and coordination among municipalities and
agencies.
D.
Policy and priority setting: Foster, develop and review
policies, plans and priorities for regional growth, development and conservation.
E.
Agreements and proposals: Facilitate agreements and cooperative
action proposals among municipalities for specific projects or other interrelated
developmental needs and for the adoption of common policies and plans with
respect to common regional needs.
F.
Regional spokesman: Maintain liaison with members, governmental
units and groups or organizations and serve as regional spokesman for local
governments.
G.
Staff assistance: Furnish general and technical aid to
member municipalities, as they direct or request, to promote and accomplish
Council-approved agreements, policies and plans.
H.
Regional review: Review and coordinate federal, state
and local programs of regional importance.
A.
Eligibility.
(1)
Voting membership shall be open initially to the Townships
of Harmony, Rochester and New Sewickley and the Boroughs of Conway, Ambridge,
Economy, Freedom, Baden, East Rochester and Rochester.
(2)
Other municipalities may become members of the Beaver
Valley Council of Governments with the approval of the General Council.
(3)
Nonvoting membership shall be open to any group designated
by the voting membership.
B.
Admission. Aforementioned municipalities, to become members,
shall formally enter into these Articles of Agreement creating the Beaver
Valley Council of Governments pursuant to action of such municipality by ordinance
of the governing body and shall comply with requirements concerning financial
contributions.
C.
Representation. Each member government shall be officially
represented by an elected official designated or selected by the legislative
body of the local government. Said legislative body shall also select one
(1) or more elected or appointed official(s) of the governing body as alternate
representative(s). Each member government, upon reorganization or upon change
or substitution, shall notify the Council, in writing, prior to the reorganization
of the General Council of the names of the official representative and the
alternate representative(s). Should anyone other than the delegate attend
a meeting, the Secretary of the Council shall be notified.
D.
Withdrawal. A member municipality may withdraw from such
membership when its chief executive and local governing body signifies its
intention to withdraw by ordinance. The ordinance shall be forwarded, in writing,
to the Council. A sixty-day notice of such action shall be required. Withdrawal
by a municipality from the Beaver Valley Council of Governments shall in no
way serve to void or lessen any legal or financial obligation incurred by
the municipality while a member of the Beaver Valley Council of Governments.
E.
Participation.
(1)
Any member municipality is eligible to participate in
any special feasibility study, provided that the governing body of such municipality
approves its participation by written ordinance or resolution, a copy thereof
to be filed with the Council of Governments.
(2)
Any member municipality is eligible to participate in
any regional service program, provided that the governing body of that municipality
approves its participation by ordinance or resolution adopting the joint municipal
agreement establishing said program, a copy thereof to be filed with the Council
of Governments.
(3)
When a member municipality elects to participate in an
ongoing special feasibility study or regional service program, it thereby
obligates itself to pay its full share of prorated costs as proposed by the
Executive Committee and agreed upon by the participating member government(s).
F.
Dues. Any and all costs of the annual overhead of the
Executive Committee shall be evenly divided by member governments.
A.
Executive Committee.
(1)
Composition and powers.
(a)
Composition. This Council shall have an Executive Committee
composed of one (1) official representative and one (1) alternate representative
from among the elected or appointed governing officials of each member governments.
Each representative will be designated or selected by the local government's
governing body. Each member government shall notify the Council, in writing,
each year of the names of the official representative and the alternate representative.
(b)
Officers. The Executive Committee shall annually elect
a Chairman, Vice Chairman, Treasurer, Secretary and other officers from among
its membership.
(c)
Quorum. A quorum of the Executive Committee shall consist
of a simple majority of the membership.
(d)
Voting. Each member government will have one (1) vote
on the Executive Committee expressed by either the official representative
or alternate representative. Official action of the Executive Committee shall
be decided by the affirmative vote of the majority of members present, provided
that there is a quorum.
(e)
Meetings. The Executive Committee will meet as often
as necessary in accordance with the determination of the Executive Committee
itself, or upon call of its Chairman, or for special meetings upon call of
its Chairman with at least forty-eight (48) hours' notice.
(f)
Responsibilities. Among the responsibilities of the Executive
Committee are:
[1]
To propose an annual budget and each participating member's
share thereof for approval by each member governing body.
[2]
To appoint ad hoc or special committees.
[3]
To conduct the business of the Council within the policy
guidelines of the member governments.
[4]
To propose and recommend special feasibility studies
and regional service programs to member governments.
[5]
To receive funds for the Council and administer them
in accordance with policy guidelines established by the member governments.
[6]
To render advice and technical assistance on the request
of member governments in regard to local governmental problems having regional
impact.
[7]
To provide an opportunity for the state and federal governments
and other agencies which have regional interests in Council activities to
participate.
[8]
To prepare minutes of each Executive Committee meeting
and to make available and distribute them to the respective governing bodies
of each member governments.
[9]
To recommend to each member government the adoption and
amendment of bylaws.
[10]
To recommend to the member governments any general operating
procedures necessary for the orderly conduct of the Beaver Valley Council
of Governments.
(2)
Upon approval of the member governments, the Executive
Committee may have a staff of professional, technical or clerical personnel
as may be required in the work of the Executive Committee which shall have
the responsibility of appointing and/or removing members of such staff, including
a staff director. The staff director shall be responsible for coordinating
all staff and consultant services provided to the Council; preparing and administering
the annual work program and budget; employing, retaining and removing all
other personnel as may be necessary; and performing all other duties delegated
to him by the Executive Committee.
B.
General Council.
(1)
Composition. The General Council shall consist of all
the governing officials of the member governments.
(2)
Officers. The officers of the Executive Committee shall
serve as officers of the General Council.
(3)
Voting. Each member government will have one (1) vote
on the General Council. Members of the Executive Committee shall serve as
the official voting members on the General Council.
(4)
Quorum. A quorum of the General Council shall consist
of a simple majority of the total voting membership.
(5)
Meetings. The General Council shall meet at the call
of three (3) or more of the member governments. The request for a meeting
of the General Council must state a purpose.
(6)
Responsibilities. The General Council can establish policy
on any Council of Government matter.
Membership dues and other funds which accrue to the Executive Committee
for use in furthering the aims or purpose of this voluntary organization shall
be controlled, disbursed and accounted for in a manner proposed by the Executive
Committee and approved by the member governments.
The length of this agreement shall be perpetual, subject to the conditions stated under § 15-7D, Withdrawal.
A.
The Beaver Valley Council of Governments shall, when
necessary, provide for office space, furnishings, supplies and equipment.
Office space may be located in facilities owned by a member municipality or
in private facilities. Where it is necessary to have real property, the Beaver
Valley Council of Governments shall contract with one (1) of its member municipalities
to provide such property. The disposal of real property shall be made by the
municipality owning it, when it is deemed by the General Council that it is
in the best interest of the group to dispose of such property. Likewise, the
disposition of any office furniture, supplies and equipment, valued at five
hundred dollars ($500.) or more, shall be disposed of in the following manner:
(1)
It must be offered to the general public at a public
bid or auction. Any bid may be accepted or rejected.
(2)
Proceeds from such sale shall be distributed to each
participating municipality according to their individual percentage of the
total investment cost in the property. For example: A piece of property is
sold for ten thousand dollars ($10,000.). Dunbar Township's total share
in acquiring this property, improving it, etc., is determined by the General
Council to equal ten percent (10%) of the total investment by the Council
of Governments. Dunbar Township would receive one thousand dollars ($1,000.)
or ten percent (10%) of the total disposal price.
B.
Anything valued at less than five hundred dollars ($500.)
shall be disposed as the Council of Government sees fit, and moneys realized
shall be disposed as above.
Amendments to these Articles of Agreement may be recommended from time
to time by a majority vote of the Executive Committee. However, any amendments
shall not be effectual until approved by each member municipality by resolution.
Any matters pertaining to the conduct of any meeting and the procedures
thereof shall be governed by the latest edition of Roberts Rules of Order.
As used in this chapter, the following terms shall have the meanings
indicated:
Any individual elected to the position of County Commissioner, City
Councilman or Mayor, Borough Councilman or Mayor or Township Commissioner
or Township Supervisor.
A county, city of the second class, second class A and third class,
borough, incorporated town, township, school district or any other similar
general purpose unit of government which shall hereafter be created by the
General Assembly.
The officers of the Association shall consist of:
A president, who shall: preside at meetings of the Council of Governments;
see that all rules and policies of the Council of Government are understood
and observed; chair the Executive Committee; appoint any ad hoc committees
which from time to time might be necessary; and act as spokesperson for representatives
of members of the Council of Governments.
A Vice President. The Vice President shall preside in the absence of
the President and carry out definite assignments of the President in conjunction
with other officers and committee members, as applicable; shall assist the
President in the President's duties and act as a member ex officio of
any standing or ad hoc committee.
A Secretary. The Secretary shall record and maintain the minutes of
all Council of Governments meetings; forward records and maintain the minutes
of the Council of Governments meetings; forward any necessary notices and
communications to the officers and committee people; and maintain the bylaws
and Constitution with current amendments and revisions.
A Treasurer. The Treasurer shall be responsible for Council of Government
finances; sign checks, dispense Council of Government funds, as approved by
the President; work with officers and committees; prepare an annual budget
and an annual financial statement.
The Council shall reorganize and conduct election of officers at its
January meeting in even-numbered years.
Any service provided jointly by two (2) or more municipalities, including
but not limited to planning, building codes, landfill, etc., and established
by a joint municipal agreement.
Any feasibility study, including but not limited to short duration
studies of ways and means to solve regional problems or problems common to
two (2) or more municipalities, duly undertaken by the Executive Committee
or General Council and requiring the expenditures of funds in excess of or
in addition to amounts in the approved annual budget of the Executive Committee
or General Council.
GENERAL COUNCILAn individual member municipality.
EXECUTIVE COMMITTEEOne (1) of its elected or appointed members.
