[HISTORY: Adopted by the Council of the City of Coatesville 10-8-2012 by Ord. No.
1393-2012. Amendments noted where applicable.]
The City Council of the City of Coatesville (the "City") is
hereby authorized pursuant to the Third Class City Code, the City's
Home Rule Charter and other applicable law to enter into an intergovernmental
cooperation agreement with the municipalities which are identified
on Exhibit A of the agreement to form the Western Chester County Council
of Governments ("WCCCOG"), in accordance with the terms and conditions
authorized by this chapter and set forth in the agreement, a copy
of which is attached hereto as Exhibit A[1] and is incorporated herein by reference. Furthermore,
the appropriate officers of the City are hereby authorized to do whatever
is necessary and appropriate to carry out the provisions of the agreement
and this chapter, and to comply with the purposes and intent of the
agreement and this chapter.
[1]
Editor's Note: Said exhibit is on file in the City offices.
The agreement is conditioned upon each Township/Borough/City's
governing body enacting an ordinance which authorizes such municipalities
to participate in the WCCCOG and to execute the agreement.
The WCCCOG shall be created for, and the agreement shall have,
an initial term of five years, which term shall commence on the effective
date of the agreement (as defined in Paragraph 17 of the agreement).
At the expiration of the initial five-year term, the agreement and
the WCCCOG shall automatically renew for successive one-year terms
unless a majority of the municipalities, acting through their delegates,
vote to terminate the agreement.
The purposes and objectives of the WCCCOG include, but are not
limited to, the following:
A.
To provide a forum for the discussion of regional issues that affect
the members and their residents;
B.
To discuss and study local issues of mutual interest and concern
to each member and its residents and to formulate solutions for common
regional problems;
C.
To allow for regional planning and coordination on local government
issues such as, but not limited to, zoning, transportation, emergency
services, geographical information systems ("GIS"), cable communications,
technological electronic communication and any other issues which
affect the Western Chester County region;
D.
To train municipal officials and employees in various municipal topics
and laws that affect municipalities;
E.
To undertake, coordinate and administer programs of regional interest
that benefit some or all of the members;
F.
To create an alliance for obtaining more competitive rates on the
purchase of goods and services for the members; and
G.
To perform such other activities as the members may mutually agree
may be undertaken through the WCCCOG which are related to the objectives
identified above.
A.
The Board of Delegates shall annually prepare a proposed annual budget.
(1)
At the organizational meeting of the Board of Delegates, the Board
shall adopt an annual budget, or authorize the prompt creation of
an annual budget for the WCCCOG.
(2)
Thereafter, the Board shall annually prepare the proposed budget
and submit it to the members at least 60 days prior to the end of
the calendar year.
(3)
The Board of Delegates shall finally vote to approve or reject the
budget prior to the end of the calendar year.
(4)
In the event that the proposed annual budget is not approved by the
majority of the members' governing bodies, the Board of Delegates
shall revise said budget in accordance with the reasons provided by
the governing bodies in support of the rejection.
(5)
Following the initial year of the agreement, the process for preparing,
presenting and adopting an annual budget shall be defined by the adopted
bylaws of the WCCCOG.
(6)
Until the new annual budget is approved by the majority of the members'
governing bodies, the prior year's budget shall remain in effect.
B.
Within sixty days following the effective date of the agreement,
each member shall be responsible to make an initial contribution to
the WCCCOG of $250, which contribution shall be deposited into an
account established for the WCCCOG by its Secretary/Treasurer. Thereafter,
each member shall contribute an equal share to the expenses of the
WCCCOG, as determined by the annual budget. Each member shall contribute
its share of the WCCCOG's operational expenses by the end of
the first quarter of the calendar year as otherwise determined by
the Board. A member which does not promptly pay its annual contribution
may have its membership in the WCCCOG terminated by a majority vote
of the Board of Delegates. In the event of such termination, the terminated
member's delegate and alternate delegate shall be precluded from
voting on any matter or issue voted upon by the Board of Delegates.
C.
In the event that the WCCCOG undertakes a specific program or activity
that does not involve all of the members, only the members which participate
in such program or activity shall be liable for the expenses related
to such program or activity.
A.
The WCCCOG shall be governed by a Board of Delegates which shall
consist of one delegate and an alternate delegate from each member.
The delegates and alternate delegates shall be appointed by the governing
body of each member to serve in such capacity for a one-year term.
Each delegate and alternate delegate shall be an elected official
of the member.
B.
Within 60 days after the effective date of the agreement, the Board
of Delegates shall conduct an organizational meeting. At the organizational
meeting, the Board shall elect the officers of President, Vice-President,
and Secretary/Treasurer and adopt bylaws, or authorize the prompt
preparation of bylaws for future adoption, which shall govern the
day-to-day affairs of the WCCCOG.
C.
Each member shall be entitled to one vote in the WCCCOG, which vote
shall be cast by the delegate in attendance at the Board of Directors'
meetings.
The WCCCOG is not authorized by the agreement to purchase real
property. If the WCCCOG purchases personal property, it shall take
title to such personal property in the name of WCCCOG, unless otherwise
agreed to by the Board of Delegates. Upon termination of the agreement,
any personal property owned by the WCCCOG shall be distributed to
the members, or sold and the proceeds distributed to the members,
as determined by the Board of Delegates. All other matters pertaining
to the acquisition, management, licensing or disposal of personal
property by the WCCCOG shall be decided by a majority vote of the
Board of Delegates.
The WCCCOG is empowered to enter into contracts for policies
of group insurance and employee benefits including social security
for any employees of the WCCCOG. No such employees are anticipated
by the members and a majority of the Board of Delegates must first
vote to hire any such employees and approve any such contracts.
If any sentence, clause, section, or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections,
or parts hereof. It is hereby declared as the intent of the City Council
that this chapter would have been adopted had such unconstitutional,
illegal or invalid sentence, clause, section or part thereof not been
included herein.
This chapter shall be effective 30 days after publication following
final adoption in accordance with the City Charter and the Third-Class
City Code.
