[Adopted 9-10-2012 by Ord. No. 04-2012; amended in its entirety 4-2-2018 by Ord. No. 01-2018]
The short title of this article shall be "The Berks County MS4
Steering Committee Ordinance," and the same may be cited in that manner,
and the background of this article is as set forth above in the whereas
clauses, which are incorporated herein by reference.[1]
[1]
Editor's Note: The full text of Ord. No. 01-2018, including
the whereas clauses, is on file in the Borough offices.
The purpose of this article is to enable the Borough of Boyertown
to participate with other Berks County municipalities in the Berks
County MS4 Steering Committee and Cooperative Educational Program.
The Borough hereby approves entering into the Berks County MS4
Steering Committee Cost-Sharing and Cooperation Agreement (the "agreement"),
a copy of which is attached hereto and incorporated herein by reference
as Exhibit A (and which shall be filed with the minutes of the meeting
at which this article was enacted), with the intent and effect that
the Borough shall be bound by the agreement.[1]
[1]
Editor's Note: Said agreement is on file in the Borough offices.
The President of Borough Council of the Borough is hereby authorized
and directed on behalf of the Borough: (i) to execute and deliver
the agreement; and (ii) to execute and deliver such additional instruments,
and to take such further actions as may be necessary or appropriate
to carry forth the agreement and the transactions to be effected under
the agreement, including payment of expenses, as may be due from the
Borough under the agreement.
All actions of any officer, agent or other representative of
the Borough heretofore taken in the pursuit of the Berks County MS4
Steering Committee and/or the Borough's participation therein are
hereby ratified and approved in all respects.
The Borough is hereby authorized to take such other action as
may be necessary or appropriate to carry out the purposes of this
article and of the agreement.
This article is adopted pursuant to the authority granted in
the Act[1] and, as required thereby, the following matters are specifically
found and determined:
A.
The conditions of the agreement are set forth in the agreement;
B.
The duration of the agreement is set forth in the agreement;
C.
The purposes, objectives, powers and scope of authority granted and
delegated for the Berks County MS4 Steering Committee are as set forth
in the whereas clauses of this article and in the agreement;
D.
The manner and extent of financing the agreement is through, among
other things, the payments set forth in Section 6 of the agreement;
provided, however, that if permitted by law, the participating municipalities
may approve a revision in fees payable, if warranted, by resolution
from time to time;
E.
The corporate organizational structure comprising the participating
municipalities in the Berks County MS4 Steering Committee governing
the agreement is as set forth in the agreement; and
F.
All property, real or personal, necessary for the implementation
and operation of this Agreement shall be acquired, managed, licensed
or disposed of in accordance with the terms of the agreement;
G.
There will be no employees of the Berks County MS4 Steering Committee
for purposes of entering into contracts for policies of group insurance
and employee benefits.
[1]
Editor's Note: See the Pennsylvania Intergovernmental Cooperation
Act, 53 Pa.C.S.A. § 2301 et seq.
