[Adopted 6-15-2009 by Ord. No. 362]
The municipal body of Franconia Township (hereinafter "municipal
body") recognizes that intergovernmental cooperation among the municipalities
comprising the membership of the Indian Valley Library Commission
(hereinafter "IVLC") will be of benefit to Franconia Township (hereinafter
"municipality") by efficiently organizing and implementing the methodology
for funding of the Indian Valley Public Library (hereinafter "library").
Intergovernmental cooperation efforts will include, but are not limited
to, the following:
In order to implement the intent and terms of this article,
the municipal body, pursuant to the authority of the Intergovernmental
Cooperation Act ("Intergovernmental Cooperation Act"), enacted December
19, 1996, codified at 53 Pa.C.S.A. § 2303 et seq., as well
as Article IX, Section 5, of the Constitution of the Commonwealth
of Pennsylvania, has determined to enter into an intermunicipal agreement
(hereinafter "IMA") among the municipalities comprising the IVLC (hereinafter
"municipalities").
The terms and implementations of the IMA shall be more fully
set forth in the IMA and this article, including, but not limited
to, the following:
A.
Meetings. The IVLC shall meet at least once each calendar year, no
later than September 30 and at such other times as requested by any
member municipality. The purpose of the meeting shall be to review
the funding mechanism and to determine if any changes or modifications
are warranted.
B.
Voting. Each municipality shall have one voting representative, except
the Souderton Area School District which shall have two voting representatives.
C.
Grants. To the extent that it is able to do so, the IVLC shall prepare
grant applications to be submitted to the commonwealth on behalf of
the municipalities, and the municipalities shall reasonably cooperate
in the preparation of same.
D.
Duty to cooperate. The municipalities shall reasonably cooperate
with the IVLC in developing and managing funding for the library.
E.
Binding nature of IVLC recommendation. Each municipality agrees that
the determination of the annual funding mechanism and rate of contribution
for each member of the IVLC shall be binding upon each individual
municipal member and shall require reciprocal municipal action and
funding.
As required by the Intergovernmental Cooperation Act, as amended,
the following matters are specifically found and determined:
A.
The conditions of agreement are set forth in the IMA;
B.
The duration of the term of the IMA is set forth in the IMA;
C.
The purpose of the IMA is to cooperate with IVLC and other participating
municipalities in establishing, organizing and implementing a stable
funding base for the library;
D.
The organizational structure necessary to implement the agreement
among the municipalities is set forth in the IMA, with which the member
municipalities shall cooperate; and
E.
No real or personal property shall be acquired, managed, licensed
or disposed of by the IVLC so as to require entry into leases or contracts.
In order to implement the intent and terms of this article,
the municipal body hereby authorizes the appointment by this body
of a voting representative to the IVLC for a term of at least three
years.
The municipal body hereby authorizes the appropriate officers
to execute/attest on behalf of the municipality the IMA attached hereto
as Exhibit A[1] among all the municipalities comprising the membership
of the IVLC, which IMA sets forth the procedures and administration
of the IVLC.
[1]
Editor's Note: Said agreement is on file in the Township
offices.
The failure of the Township to enforce any provision of this
article shall not constitute a waiver by the Township of its rights
of future enforcement hereunder.
