Township of Stroud, PA Brodhead Creek Regional Authority.

[Ord. 2005-2, 6/21/2005, § 2]

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.

The Township hereby signifies to the Borough and the Authority the desire of the Township to become a member of the Authority.

This Board of Supervisors hereby approves the proposal of the Authority that the Articles of Incorporation of the Authority be amended as follows:

Subsection (a) is amended to read as follows: "(a) The name of the Authority is Brodhead Creek Regional Authority."

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

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.

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."

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."

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

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.

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.

This Part shall become effective on the date by which the Authority, the Borough, and all of the other Townships have approved the Agreement.