[Adopted 8-9-2012 by Ord. No. 231]
The purpose of this article is to enable the Township of Maidencreek
to participate with other Berks County municipalities in the Berks
County MS4 Steering Committee to obtain a cooperative educational
program and other services needed to coordinate completion and submission
of applications/annual reports in accordance with requirements of
the proposed new MS4 permit (PAG-13) and, if necessary, the associated
state generated model stormwater management ordinance, to the Department
of Environmental Protection.
[Amended 5-10-2018 by Ord. No. 246]
A.
The Township
hereby approves and agrees to enter into the Berks County MS4 Steering
Committee Cost-Sharing and Cooperation Agreement which is attached
to this article, marked Exhibit A, and made part hereof and which
will be filed with the minutes of the meeting at which this article
is adopted. Upon the expiration of the initial term of the agreement
the Township may by resolution authorize the Township to continue
as a participant in the Berks County MS4 Steering Committee and to
enter into and be bound by future cost-sharing and cooperation agreements
without the need to amend this article if all the following conditions
are met:
(1)
The
purpose and overall scope of the Committee does not materially change;
(2)
The
agreement meets the requirements of the Pennsylvania Intergovernmental
Cooperation Act; and
(3)
The
Board reviews and approves any proposed fees or increases in fees
and extensions of time proposed in any subsequent agreement.
B.
The attached
Exhibit A and any subsequent agreement approved in accordance with
this section will be binding upon the Township.
[Amended 5-10-2018 by Ord. No. 246]
The Chairman of the Board of Supervisors of the Township is
hereby authorized and directed on behalf of the Township; to execute
and deliver the agreement; and to execute and deliver such additional
instruments and subsequent agreements adopted in compliance with this
article, 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 the
Township under the agreement.
All actions of any officer, agent or other representative of
the Township heretofore taken in the pursuit of the Berks County MS4
Steering Committee and/or the Township's participation therein
are hereby ratified and approved in all respects.
The Township 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;[2]
[2]
Editor's Note: Said "whereas" clauses are found in the
preamble to Ord. No. 231, which is on file in the Township offices.
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;
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.
