[Adopted 8-7-2012 by Ord. No. 278-2012]
The short title of this article shall be "The Berks County MS4
Steering Committee Ordinance," and the same may be cited in that manner,
and the background of this article is as set forth above in the "whereas"
clauses, which are incorporated herein by reference.[1]
[1]
Editor's Note: Said "whereas" clauses are found in the
preamble to Ord. No. 313-2018, which preamble is on file in the Township
offices.
[Amended 3-6-2018 by Ord.
No. 313-2018]
The purpose of this article is to enable the Township of Bern
to participate with other Berks County municipalities in the Berks
County MS4 Steering Committee and Cooperative Educational Program.
[Amended 3-6-2018 by Ord.
No. 313-2018]
The Township hereby approves entering into the Berks County
MS4 Steering Committee Cost-Sharing and Cooperation Agreement (the
"agreement"), a copy of which is attached hereto and incorporated
herein by reference as Exhibit A[1] (and which shall be filed with the minutes of the meeting
at which this article was enacted), with the intent and effect that
the Township of Bern shall be bound by the agreement.
[1]
Editor's Note: Exhibit A to Ord. No. 313-2018 is on file
in the Township offices.
The Chairman of the Board of Supervisors of the Township of
Bern is hereby authorized and directed on behalf of Bern Township
to execute and deliver the agreement to execute and deliver such additional
instruments, and to take such further actions as may be necessary
or appropriate to carry forth the agreement and the transactions to
be effected under the agreement, including payment of expenses, as
may be due from Bern Township under the agreement.
All actions of any officer, agent or other representative of
the Township of Bern heretofore taken in the pursuit of the Berks
County MS4 Steering Committee and/or Bern Township's participation
therein are hereby ratified and approved in all respects.
The Township of Bern is hereby authorized to take such other
action as may be necessary or appropriate to carry out the purposes
of this article and of the agreement.
This article is adopted pursuant to the authority granted in
the Act[1] and, as required thereby, the following matters are specifically
found and determined:
A.
The conditions of the agreement are set forth in the agreement;
B.
The duration of the agreement is set forth in the agreement;
C.
The purposes, objectives, powers and scope of authority granted and
delegated for the Berks County MS4 Steering Committee are as set forth
in the "whereas" clauses of this article and in the agreement;
D.
The manner and extent of financing the agreement is through, among
other things, the payments set forth in Section 6 of the agreement;
provided, however, that if permitted by law, the participating municipalities
may approve a revision in fees payable, if warranted, by resolution
from time to time;
[Amended 3-6-2018 by Ord.
No. 313-2018]
E.
The corporate organizational structure comprising the participating
municipalities in the Berks County MS4 Steering Committee governing
the agreement is as set forth in the agreement;
F.
All property, real or personal, necessary for the implementation
and operation of this Agreement shall be acquired, managed, licensed
or disposed of in accordance with the terms of the agreement; and
G.
There will be no employees of the Berks County MS4 Steering Committee
for purposes of entering into contracts for policies of group insurance
and employee benefits.
[1]
Editor's Note: See 53 Pa.C.S.A. § 2301 et seq.,
the Pennsylvania Intergovernmental Cooperation Act of 1996.
