[HISTORY: Adopted by the Board of Supervisors
of the Township of West Deer 7-7-2004 by Ord. No. 323. Amendments noted where
applicable.]
Pursuant to the Intergovernmental Cooperation
Act, 53 Pa.C.S.A. § 2301 et seq., the Township of West Deer
is hereby authorized to enter into a joint intergovernmental cooperation
agreement with any or all of the municipalities of the Borough of
Bradford Woods, the Borough of Etna, the Borough of Fox Chapel, the
Borough of Franklin Park, the Township of Hampton, the Township of
Indiana, the Township of Marshall, the Town of McCandless, the Borough
of Millvale, the Township of O'Hara, the Township of Ohio, the Township
of Pine, the Township of Reserve, the Township of Richland, the Township
of Ross, the Township of Shaler, the Borough of Sharpsburg, the Township
of West Deer, the Borough of West View, (hereinafter "the member municipalities"),
and the North Hills Council of Governments (hereinafter "the NHCOG"),
to establish the North Hills Municipal Appeals Board.
The proper officers of the Township are hereby
authorized to take any and all steps necessary to execute an intergovernmental
cooperation agreement by and between the member municipalities, to
effectuate the authorization granted by this chapter.
The conditions of the intergovernmental cooperation
agreement are those conditions set forth therein, a copy of which
is attached hereto and made a part hereof as Exhibit 1.[1]
[1]
Editor's Note: Exhibit 1 is on file in the
Township offices.
The intergovernmental cooperation agreement
shall be effective for two years commencing August 1, 2004, and will
remain in effect on a year-to-year basis thereafter, until renewed,
amended or terminated as set forth in the intergovernmental cooperation
agreement by and between the member municipalities.
The purpose and objectives of the intergovernmental
cooperation agreement are those purposes and objectives set forth
therein.
The NHCOG is hereby authorized to manage the
Municipal Appeals Board as set forth in the intergovernmental cooperation
agreement and the bylaws of the Appeals Board.
The manner and extent of financing of the Municipal
Appeals Board shall be as agreed upon by the member municipalities
and as set forth in the bylaws of the Municipal Appeals Board.
The organizational structure of the association
authorized by this chapter shall be the organizational structure set
forth in the bylaws between the member municipalities.
The acquisition, management and disposal of
property is set forth in the intergovernmental cooperation agreement.
The NHCOG Municipal Appeals Board is not authorized
to enter into contracts.
If a final decision of a court of competent
jurisdiction holds any provision of this chapter, or the application
of any provisions of any circumstances of this chapter, to be illegal
or unconstitutional, the other provisions of this chapter, or the
application of such provision to other circumstances, shall remain
in full force and effect. The intention of the Board of the Township
is that the provisions of this chapter shall be severable and that
this chapter would have been adopted if any such illegal or unconstitutional
provisions had not been included.
This chapter is adopted pursuant to the powers
and authority of the Intergovernmental Cooperation Act, 53 Pa.C.S.A.
§ 2305.
Any ordinances or parts of ordinances, conflicting
with the provisions of this chapter be and the same are hereby repealed
so far as the same affects this chapter; however, such repeal shall
not affect any act done or any right, liability or violations accrued
under any such ordinance herein repealed or superseded and all such
rights, liabilities and violations shall continue and may be enforced
in the same manner as if such repeal or supersession had not been
made but only to the extent otherwise permitted under the laws of
the Commonwealth of Pennsylvania.
All provisions of all other intergovernmental
cooperation agreements between the member municipalities not conflicting
with the provisions hereof are ratified and affirmed.
