[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]
[1]
Editor's Note: Former 53 P.S. § 481 was repealed. See now 53 Pa.C.S.A. § 2301 et seq.
[2]
Editor's Note: See now 8 Pa.C.S.A. § 1202(24).
[3]
Editor's Note: Exhibit A is on file in the Borough offices.
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.