[Adopted 8-23-2012 by Ord. No. 2012-08]
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. 2012-08, which preamble is on file in the Township offices.
The purpose of this article is to enable the Township 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 and 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 DEP.
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 shall be bound by the agreement.
[1]
Editor's Note: Exhibit "A" is on file in the Township offices.
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 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 fees, 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 and 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;
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.