[Adopted 3-4-2003 by Ord. No. 2003-5]
The Chairman of the Board of Supervisors of
Thornbury Township (the "Township") is hereby authorized to enter
into an intergovernmental cooperation agreement with the Borough of
West Chester, East Bradford Township, West Goshen Township, Westtown
Township and East Goshen Township to form the West Chester Area Council
of Governments (WCACOG), in accordance with the terms and conditions
authorized by this article and set forth in the agreement, a copy
of which is attached hereto as Exhibit "A" and is incorporated herein
by reference.[1] Furthermore, the appropriate officers of the Township
are hereby authorized to do whatever is necessary and appropriate
to carry out the provisions of the agreement and this article, and
to comply with the purposes and intent of the agreement and this article.
[1]
Editor's Note: Said agreement is on file in
the Township offices.
The agreement is conditioned upon each member's
governing body enacting an ordinance which authorizes such member
to participate in the WCACOG and to execute the agreement.
The WCACOG shall be created for, and the agreement
shall have, an initial term of five years, which term shall commence
on the effective date of the agreement (as defined in paragraph 17
of the agreement). At the expiration of the initial five-year term,
the agreement and the WCACOG shall automatically renew for successive
one-year terms unless a majority of the members, acting through their
delegates, vote to terminate the agreement.
The purposes and objectives of the WCACOG include,
but are not limited to the following:
A.
To provide a forum for the discussion of regional
issues that affect the members and their residents;
B.
To discuss and study local issues of mutual interest
and concern to each member and its residents and to formulate solutions
for common regional problems;
C.
To allow for regional planning and coordination on
local government issues such as, but not limited to zoning, transportation,
emergency services, geographical information systems (GIS), cable
communications, technological electronic communication and any other
issues which affect the West Chester region;
D.
To train municipal officials and employees in various
municipal topics and laws that affect municipalities;
E.
To undertake, coordinate and administer programs of
regional interest that benefit some or all of the members;
F.
To create an alliance for obtaining more competitive
rates on the purchase of goods and services for the members; and
G.
To perform such other activities as the members may
mutually agree may be undertaken through the WCACOG which are related
to the objectives identified above.
A.
At the organizational meeting of the Board of Delegates,
the Board shall adopt an annual budget or authorize the prompt creation
of an annual budget for the WCACOG. Thereafter, the Board of Delegates
shall present the proposed annual budget to the members and the governing
body of each member shall vote to approve or reject the budget prior
to the end of the calendar year. In the event that the proposed annual
budget is not approved by the majority of the members' governing bodies,
the Board of Delegates shall revise said budget in accordance with
the reasons provided by the governing bodies in support of the rejection.
Following the initial year of the agreement, the process for preparing,
presenting and adopting an annual budget shall be completed by the
Board of Delegates and the members' governing bodies before the end
of each calendar year. Until the new budget is approved by the majority
of the members' governing bodies, the prior years' budget shall remain
in effect.
B.
Within 60 days following the effective date of the
agreement, each member shall be responsible to make an initial contribution
to the WCACOG of $500, which contribution shall be deposited into
an account established for the WCACOG by its Secretary/Treasurer.
Thereafter, each member shall contribute an equal share to the expenses
of the WCACOG, as determined by the annual budget. Each member shall
contribute its proportional share of the WCACOG's operational expenses
in quarterly intervals or as otherwise determined by the Board. A
member which does not promptly pay its annual contribution may have
its membership in the WCACOG terminated by a majority vote of the
Board of Delegates. In the event of such termination, the terminated
member's delegate and alternate delegate shall be precluded from voting
on any matter or issue voted upon by the Board of Delegates.
C.
In the event that the WCACOG undertakes a specific
program or activity that does not involve all of the members, only
the members which participate in such program or activity shall be
liable for the expenses related to such program or activity.
A.
The WCACOG shall be governed by a Board of Delegates
which shall consist of one delegate and an alternate delegate from
each member. The delegates and alternate delegates shall be appointed
by the governing body of each member to serve in such capacity for
a two-year term. Each delegate and alternate delegate shall be an
elected official of the member.
B.
Within 60 days after the effective date of the agreement,
the Board of Delegates shall conduct an organizational meeting. At
the organizational meeting the Board shall elect the officers of President,
Vice President, and Secretary/Treasurer and adopt bylaws, or authorize
the prompt preparation of bylaws for future adoption, which shall
govern the day-to-day affairs of the WCACOG.
C.
Each member shall be entitled to one vote in the WCACOG,
which vote shall be cast by the delegate in attendance at the Board
of Directors' meetings.
The WCACOG is not authorized by the agreement
to purchase real property. If the WCACOG purchases personal property,
it shall take title to such personal property in the name of WCACOG,
unless otherwise agreed to by the Board of Delegates. Upon termination
of the agreement, any personal property owned by the WCACOG shall
be distributed to the members, or sold and the proceeds distributed
to the members, as determined by the Board of Delegates. All other
matters pertaining to the acquisition, management, licensing or disposal
of personal property by the WCACOG shall be decided by a majority
vote of the Board of Delegates.
The WCACOG is empowered to enter into contracts
for policies of group insurance and employee benefits including Social
Security, for any employees of the WCACOG. No such employees are anticipated
by the members and a majority of the Board of Delegates must first
vote to hire any such employees and approve any such contracts.
