[Adopted 10-4-2010 by Ord. No. 04-10]
The Borough Council hereby approves entering into the "Pennsylvania
Stormwater Coalition Cost-Sharing and Cooperation Agreement" (herein
"agreement") between the Borough of Boyertown and the participating
municipalities of the Stormwater Coalition in accordance with the
authorization under the Pennsylvania Intergovernmental Cooperation
Act, 53 P.S. § 481 et seq.,[1] and the Borough Code, § 1202(34).[2] A copy of the agreement is attached to this article as
Exhibit A and incorporated herein by reference.[3]
The appropriate officers of the Borough of Boyertown, be and
hereby are, authorized to enter into and execute the agreement.
A Participating municipality may end their participation in
the Pennsylvania Stormwater Coalition upon 30 days' written notice
in accordance with the agreement, Paragraphs 21 through 23.
All actions of any officer, agent, or other representative of
the Borough heretofore taken in pursuit of the authorization, execution
and delivery of the agreement are hereby ratified and approved in
all respects. The proper officials of the Borough of Boyertown are
hereby authorized and empowered to take such additional action as
they may deem necessary or appropriate to implement the agreement.
As required by the Intergovernmental Cooperation Act, the following
matters are specifically found and determined:
A.
The conditions of the agreement are set forth in the agreement. Coalition
Counsel is authorized to handle any and all legal aspects of assessing
the legal and regulatory impacts and implications of the proposed
new MS4 Permit (PAG-13) and the associated state generated Model Stormwater
Management Ordinance, including, but not limited to, instituting legal
action on behalf of the participating municipalities.
B.
The agreement is for an indefinite term.
C.
The purpose and objectives of the agreement are to enter into an
intergovernmental cost-sharing and cooperation agreement to collectively
take action on proposed stormwater regulations by the United States
Environmental Protection Agency and the Pennsylvania Department of
Environmental Protection.
D.
The financial terms of the agreement are set forth in Paragraphs
11 through 16, and 19 of the agreement.
E.
The agreement requires the formation of a Steering Committee, governed
by Paragraphs 4 through 10 of the agreement, and the formation of
a Coalition Counsel and professional team, governed by Paragraphs
1 through 3 of the agreement.
F.
The Stormwater Coalition does not own, and pursuant to the agreement,
does not intend to acquire, manage, license, or dispose of any real
or personal property. Each participating municipality shall remain
individually responsible for its own real and personal property within
their respective municipal boundaries.
G.
Each municipality shall continue to have the power to separately
enter into contracts for policies of insurance or employee benefits.
