[Adopted 5-22-2007 by Ord. No. 8-2007]
The Borough of Kutztown hereby adopts the intergovernmental
cooperation agreement for the creation of a Joint Comprehensive Plan
Committee between the Borough of Kutztown, the Borough of Lyons and
Maxatawny Township in accordance with the authorization of the Pennsylvania
Intergovernmental Cooperation Act and the Municipalities Planning Code. The purpose of said Committee shall be the preparation
of a Multi-Municipal Comprehensive Plan to be voted upon by the participating
municipalities. Said intergovernmental cooperation agreement is attached
hereto and incorporated herein by reference with the intent and effect that the Borough shall be bound
by the agreement.
[Amended 5-29-2008 by Ord. No. 5-2008]
The acceptance by the Borough of Kutztown of
the provisions of the intergovernmental cooperation agreement with
the Borough of Lyons and Maxatawny Township continues in effect until
terminated by subsequent ordinance of the Borough Council of the Borough
of Kutztown or by the subsequent withdrawal from the Regional Planning
Committee pursuant to the terms and conditions of the agreement by
the Borough of Lyons and the Township of Maxatawny. Furthermore, the
intergovernmental cooperation agreement, attached hereto as Exhibit
A, can be amended from time to time by a duly authorized
resolution of the Borough of Kutztown Borough Council amending same.
The purpose of this intergovernmental cooperation
agreement shall be to allow the parties to create a regional planning
committee pursuant to the terms and conditions of the agreement and
cooperate in the joint creation of a Multi-Municipal Comprehensive
Plan.
Pursuant to and in accord with the above-referenced
authority, the Borough of Kutztown is hereby authorized to become
a member of and to participate in the Regional Planning Committee
established hereby, and hereby authorizes the participation of its
representatives in the activities of the Regional Planning Committee
in accordance with the authority granted in the above-referenced laws
in this article.
Pursuant to and in accord with the above-referenced
authority, the Borough of Kutztown is hereby authorized and directed
to enter into the intergovernmental cooperation agreement, known as
the "Kutztown Borough-Maxatawny Township-Lyons Borough Joint Comprehensive
Plan," which governs the Regional Planning Committee and its affairs,
a copy of which is attached to this article and incorporated herein
by reference (the "agreement").
The Regional Planning Committee, created and
existing under and by virtue of the authority and the aforementioned
statutes in this article, shall be comprised of representatives of
the municipalities creating and participating in the Regional Planning
Committee. The participation of the Borough of Kutztown in the Regional
Planning Committee shall be governed and controlled by the terms and
conditions of the agreement, the provisions of the applicable Pennsylvania
laws and regulations, and such other policies as may be duly adopted
by the Regional Planning Committee in accordance with the agreement.
The agency and its activities shall be operated
with funds provided by the participating municipalities in accordance
with the provisions of the agreement referred to above, and such other
grants or funding as may be available.
The Regional Planning Committee, subject to
review and approval of each participating municipality, shall exercise
the powers and duties of the participating municipalities as set forth
in the Pennsylvania Municipalities Planning Code.
No acquisition of real property or real estate
is authorized.
There does not exist any current authority for
the Regional Planning Committee to hire employees. However, in the
event the Regional Planning Committee is subsequently granted authority
under the agreement to hire employees, then the Regional Planning
Committee shall be empowered to enter into contracts for policies
or group insurance and employee benefits, including Social Security
for its employees.