Borough of Plymouth, PA
Luzerne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Plymouth as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-8-2013 by Ord. No. 3-2013]
The provisions set forth in the preamble to this ordinance[1] are incorporated herein by reference in their entirety.
Editor's Note: The preamble to Ord. No. 3-2013 is on file in the Borough offices.
That each of the municipalities of the West Side and surrounding areas join and be a member of the West Side Council of Governments ("WCOG") in accordance with the Articles of Agreement, agreed upon bylaws of the Council of Governments, and any other laws, agreements or contracts which apply.
The duration and term of WSCOG membership are indefinite, but it is subject to the right of withdrawal and potential termination as set forth in the Articles of Agreement.
The WSCOG is to meet at regular intervals to foster a cooperative effort to resolve regional problems, to determine policies, and to formulate plans and programs to meet regional needs; further, that the WSCOG shall assist the member municipalities individually or collectively to execute their governmental responsibilities in as effective and responsible a manner as possible; further, that the WSCOG shall undertake such other projects related to municipal governments, subject to the Articles of Agreements.
The governing body of each member shall appoint one elected official from each municipality to serve as its designated voting representative to the WSCOG. Additionally, each member municipality may appoint an alternative representative. Only one representative from each member municipality will be permitted to vote at any given time. The representatives from each member municipality shall be appointed by the municipality in accordance with each municipality's ordinance. The officers of the WSCOG shall be a Chair, Vice-Chair, Secretary and Treasurer appointed through process as outlined in the Articles of Agreement.
All property, real or personal, of the WSCOG shall be acquired, managed, licensed or disposed of by the WSCOG in accordance with the terms of the Agreement and the rules and procedures as may be adopted by the WSCOG.
That the WSCOG shall be empowered to enter into contract for services, subject to the Agreement; and to enter into contracts for policies of group insurance and employee benefits, including Social Security, for its employees.
That the WSCOG be financed by annual dues paid by member municipalities and by funds obtained by the organization from public or private sources.
That the members of the WSCOG agree to be bound not only to the Articles of Agreement establishing the WSCOG, copy attached as Exhibit A,[1] but also agree to the formulation of any bylaws created for the operation of the WSCOG, subject to any necessary approval of the member municipalities as stated in the Articles of Agreement.
Editor's Note: Exhibit A is available for review at the Borough offices.
The provisions of this article are severable and if any section, sentence, clause, or part or provision hereof shall be held to be illegal, invalid or unconstitutional by any court of competent jurisdiction such decision of the court shall not affect the remaining sections, clauses, parts or provisions of this article. It is hereby declared to be the intent of the Borough that such ordinance would have been enacted if such illegal, invalid or unconstitutional section, sentence, clause, part or provision had not been included herein.
This article shall take effect on the 30th day following its enactment.
Any resolution or ordinance or parts thereof that conflict with or are inconsistent with this article are hereby repealed to the extent of the conflict or inconsistency with this article.
[Adopted 2-12-2019 by Ord. No. 2-2019]
The Council of the Borough of Plymouth does hereby adopt this article approving the Articles of Agreement Between and Among the Member Municipalities of the Lower South Valley Council of Governments attached hereto, made part hereof and marked as Exhibit A,[1] and authorizes the proper Borough officials to execute said Agreement.
Editor's Note: Exhibit A is available for review at the Borough offices.
Pursuant to Article IV Section B of the attached Agreement,[1] the Councilman William Dixon shall initially serve as the Borough's designated voting representative to the LSVCOG. The Borough of Plymouth designates Councilman Earl Cunningham as the alternative representative in the event that the primary representative is unable to attend a meeting or otherwise discharge the duties of his or her position. These representatives can be replaced from time to time by the President of Council or Acting President with approval of the Borough Council.
Editor's Note: Said Agreement is available for review at the Borough offices.
The President or Acting President of the Borough of Council is authorized to execute the attached Articles of Agreement and all documents necessary to carry out the intent of this article.
The provisions of this article are declared to be severable, and if any section, sentence, clause or phrase of this article shall be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this article, but the same shall remain in full force and effect, it being the intent that this article shall stand, notwithstanding the invalidity of any part thereof.
This article shall become effective upon enactment by all of the member municipalities as provided by law and as provided for in 8 Pa.C.S.A. § 3301.3(b) of the Borough Code.