[Ord. 2005-2, 6/21/2005, § 1]
This Part shall be known and may be cited as the "Stroud Township
Ordinance Authorizing an Intermunicipal Cooperation Agreement for
the Joining of the Stroudsburg Municipal Authority to be renamed as
the Brodhead Creek Regional Authority."
[Ord. 2005-2, 6/21/2005, § 2]
1. The Board hereby approves the Intermunicipal Cooperation Agreement,
marked as Exhibit 1-3B-A, attached hereto and incorporated herein
by reference, and the Chair or Vice Chair of the Board of Supervisors
and the Township Secretary are hereby authorized and directed to execute
and deliver the Agreement on behalf of the Township, with such changes
as the officers signing it may approve, their execution of the Agreement
to constitute conclusive evidence of such approval.
2. The Township hereby signifies to the Borough and the Authority the
desire of the Township to become a member of the Authority.
3. This Board of Supervisors hereby approves the proposal of the Authority
that the Articles of Incorporation of the Authority be amended as
follows:
A. Subsection
(a) is amended to read as follows: "(a) The name of the Authority is Brodhead Creek Regional Authority."
B. Subsection (3) is amended to read as follows:
[Amended by Ord. 3-2017, 9/5/2017]
"(e) The Board of the Authority shall consist of five members
appointed by the governing bodies of the municipalities listed below
(the "Municipalities"). Each present Board member, whose name and
term of office are set forth below, is appointed by the Municipality
set forth opposite their respective name. Upon the expiration of
their present terms, each member shall be reappointed, or his or
her successor shall be appointed, in either case by the Municipality
designated; provided, however, that in accordance with Section 5610(b)(1)
of the Municipality Authorities Act, each member shall be a taxpayer
in, maintain a business in or be a citizen of a municipality into
which one or more of the projects of the Authority extends or is to
extend or to which one or more projects has been or is to be leased.
|
Municipality
|
Person
|
Term (ending on January 1)
|
---|
Borough of Stroudsburg
|
Eric Scelza
|
2021
|
Hamilton Township
|
John H. Parker, Jr.
|
2022
|
Pocono Township
|
Thomas Wise
|
2018
|
Smithfield Township
|
Charles A. Garris
|
2019
|
Stroud Township
|
Wm. Taylor Wenck
|
2020
|
C. Subsection (f) is amended to read as follows:
"(f) The projects to be undertaken by the Authority shall be
the acquiring, holding, constructing, improving, maintaining, and
operation, owning, leasing, either in the capacity of lessor or lessee,
projects of the following kind and character:
|
|
(i) Water works, water supply works, water distribution systems
for users in the Municipalities, and in such other areas as may be
designated by the Authority;
|
|
(ii) Such other projects as may be approved by all of the Municipalities;
and
|
|
(iii) Any proposed action to sell or otherwise dispose of either
the Authority's water system or any other project as an entity,
shall require the prior approval of all the Municipalities.
|
D. Subsection (g) of the Articles of Incorporation, as previously amended,
shall be amended to read as follows:
[Amended by Ord. 3-2017, 9/5/2017]
"(g) The term of the existence of the Authority shall extend
to January 1, 2067."
|
E. A new paragraph is added to the end of the Articles of Incorporation,
to read as follows:
"(h) No elected official or employee of any municipal member
of the Authority ("Municipality") shall be qualified to serve as a
Board member or officer of the Authority, but this shall not apply
to persons who at the applicable time are not currently in office
as elected officials of, or currently employed by, any Municipality.
Any Board member who becomes an elected official or employee of any
Municipality shall be disqualified to continue to serve as a Board
member and shall be deemed to have resigned without any further action."
|
4. As the initial member of the Board of the Authority appointed by
this Township, the following person is hereby designated:
Name
|
Address
|
Term
(ending first Monday in January)
|
---|
Wm. Taylor Wenck
|
28 Olde Mill Run
Stroudsburg, PA 18360
|
2010
|
5. Upon approval by the Authority of the application of this Township
be become a member of the Authority, but not prior to the effective
date hereof, the appropriate officers of this Township are hereby
authorized to execute on its behalf and file with the Pennsylvania
Department of State an Application of the Township to join the Authority,
pursuant to the Municipality Authorities Act of 1945, codified at
53 Pa.C.S.A. Chapter 56.
6. The proper officers of the Township are hereby authorized and empowered
to execute and deliver all documents, pay such incidental expenses,
and take all additional action which they may deem necessary or desirable
to carry out the provisions of the foregoing sections.
7. This Part shall become effective on the date by which the Authority,
the Borough, and all of the other Townships have approved the Agreement.
[Ord. 2005-2, 6/21/2005, § 3]
The Board of Supervisors may be resolution adopt procedures
and regulations to implement the Agreement approved by this Part,
pursuant to the Intergovernmental Cooperation Act, Act of December,
19, 1996, P.L. 1158, No. 177, found at 53 Pa.C.S.A. § 2301
et seq.