[HISTORY: Adopted by the Borough Council of the Borough of
Summit Hill as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-14-2009 by Ord. No. 3-2009]
A.
The Pennsylvania
Consolidated Statutes, Title 53, Sections 2301 through 2315, commonly
known and referred to as "Act 180, the Intergovernmental Cooperation
Law,"[1] is the law governing intergovernmental cooperation within
the Commonwealth of Pennsylvania; and
[1]
Editor's Note: See 53 Pa.C.S.A. § 2301 et seq.
B.
Each of
the municipalities of Coaldale Borough, Jim Thorpe Borough, Lansford
Borough, Summit Hill Borough, and the Joint Municipal Authority have
agreed to cooperate with the other governmental or quasi-governmental
units in the execution of those municipal functions deemed by the
aforementioned municipalities to be accomplished best through cooperation
with the other governmental or quasi-governmental units; and
C.
The Intergovernmental
Cooperation Law of the Commonwealth of Pennsylvania intends that full
recognition by the Commonwealth of Pennsylvania of an agent of intergovernmental
cooperation requires said agent to be established by ordinance by
all cooperating units of government; and
D.
The Borough
of Summit Hill, along with Coaldale, Jim Thorpe, Lansford and the
Joint Municipal Authority, desire the creation of the Carbon-Schuylkill
Council of Governments to be as useful as possible to these municipalities
and the residents thereof.
The Borough of Summit Hill joins and becomes a member of the
Carbon-Schuylkill Council of Governments in accordance with the bylaws
of the Carbon-Schuylkill Council of Governments and any laws, agreements,
or contracts which apply.
The bylaws of Carbon-Schuylkill Council of Governments attached
hereto and made a part hereof are hereby approved, and such bylaws
may be amended from time to time by a voting representation of all
member municipalities of the Carbon-Schuylkill Council of Governments.[1]
[1]
Editor's Note: The bylaws are on file in the Borough office.
[Adopted 4-25-2016 by Ord. No. 4-2016]
The provisions set forth above in the preamble to this article
are incorporated herein by reference in their entirety.
The County of Carbon/Borough/Township of Summit Hill does by
this article join the Carbon County Council of Governments subject
to the following conditions:
A.
That the local government is hereby authorized to enter into intergovernmental
cooperation agreements relating to CCCOG pursuant 53 Pa.C.S.A. § 2301
et seq.
B.
That the President/Chairman and Secretary of said local government
are authorized to sign intergovernmental cooperation agreements.
D.
That each of the local governments of Carbon County, Pennsylvania
that may join and become a member of the Carbon County Council of
Governments do so 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 CCCOG membership is indefinite, but
is subject to the right of withdrawal upon 30 days written notice
to CCCOG, or potential termination as set forth in the Articles of
Agreement.
The CCCOG 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, the
CCCOG shall assist the participating member local governments individually
or collectively to execute their governmental responsibilities in
as effective and responsible a manner as possible; further, the CCCOG
shall undertake such other projects related to local governments,
subject to the Articles of Agreements.
The governing body of each member shall appoint one elected
or appointed official from each local government to serve as its designated
voting representative to the CCCOG. Additionally, each member of the
local government may appoint an alternate representative. Only one
representative from each local government will be permitted to vote
at any given time. The representatives from each member local government
shall be appointed by the local government in accordance with each
local government's ordinance.
The officers of the CCCOG shall be a Chair, Vice Chair, Secretary
and Treasurer appointed through the process as outlined in the Articles
of Agreement.
All property, real or personal, of the CCCOG shall be acquired,
managed, licensed or disposed of by the CCCOG in accordance with the
terms of the agreement and the rules and procedures as may be adopted
by the CCCOG.
The CCCOG shall be empowered to enter into contract/professional
services, subject to the agreement; and to enter into contracts for
policies of group insurance and employee benefits, including social
security, for its employees.
The CCCOG be financed by annual dues paid by participating member
local governments and by funds obtained by the organization from grants
or public or private sources.
Member local governments of the CCCOG agree to be bound not
only to the Articles of Agreement establishing the CCCOG, but also
agree to the formulation of any bylaws created for the operation of
the CCCOG, subject to any necessary approval of the members of the
local governments as stated in the Articles of Agreement.
The provisions of this article are severable, and if any section,
sentence, clause, 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 local government that such article 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.
