[HISTORY: Adopted by the Board of Supervisors of the Township
of Polk as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-23-2015 by Ord. No. 2015-03]
The recitals set forth in this article are incorporated herein
by reference and approved as part hereof.
[1]
Editor's Note: The whereas clauses of this Ord. No. 2015-03
provided as follows:
WHEREAS, Polk Township has opted to join in and participate
with the Townships of Chestnuthill, Jackson, Eldred and Ross in a
new Regional Comprehensive Plan (the "2015 Plan"), which has been
adopted by all those municipalities; and
WHEREAS, the Townships of Chestnuthill, Jackson, Eldred and
Ross previously entered into a certain Intergovernmental Cooperative
Agreement entitled "The CJER Intergovernmental Cooperative Implementation
Agreement of 2008" (hereinafter the "2008 Agreement"), for the purpose
of implementing the CJER Regional Comprehensive Plan of 2006;
WHEREAS, all of the participating municipalities desire to
restate and amend the 2008 Agreement to reflect the joinder of Polk
Township and the adoption of the 2015 Plan; to confirm the agreement
of the municipalities to implement the 2015 Plan by revising relevant
ordinances and bringing each into general consistency with the 2015
Plan; and to address other matters related thereto; and
WHEREAS, the Board deems it to be in the best interests, and
for the general welfare and safety, of the citizens and residents
of Polk Township that the original 2008 Agreement be amended and restated;
and
WHEREAS, the Intergovernmental Cooperation Act of December
19, 1976, P.L. 1158, No. 177, as amended, found at 53 Pa.C.S.A. § 2301
et seq., provides that two or more local governments in the Commonwealth
of Pennsylvania may jointly cooperate in the exercise or performance
of their respective governmental functions, powers or responsibilities;
and
WHEREAS, Section 1506 of the Second Class Township Code, Act
of May 1, 1993, P.L. 103, No. 69, as amended by the Act of November
9, 1995, P.L. 350, No. 60, found at 53 P.S. § 66506, entitled
"General Powers," authorizes the Board of Supervisors to make and
adopt ordinances necessary for the proper management, care and control
of the Township, and the maintenance of the health and welfare of
the Township and its citizens; and
WHEREAS, Section 1507 of the Second Class Township Code, found
at 53 P.S. § 66507, entitled "Intergovernmental Cooperation,"
authorizes the Board of Supervisors, by ordinance, to make agreements
with other municipal corporations in performing governmental powers,
duties and functions, and in carrying into effect the provisions of
the said Intergovernmental Cooperation Act; and
WHEREAS, Article XI of the Pennsylvania Municipalities Planning Code, as amended, found at 53 P.S. §§ 11101 to 11107, entitled "Intergovernmental Cooperative Planning and Implementation Agreements," authorizes municipal governing bodies within a county to enter into intergovernmental cooperative agreements for the purpose of developing, adopting and implementing a Comprehensive Plan for an area within the county; and
WHEREAS, the Board desires to enter into a new agreement entitled
"The Restated and Amended CJERP Intergovernmental Cooperative Implementation
Agreement for the Participating Municipalities of: Chestnuthill, Jackson,
Eldred, Ross and Polk Townships" with the Townships of Chestnuthill,
Eldred, Ross and Polk for the purpose of implementing the 2015 Plan,
which was adopted by the cooperating municipalities.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Board of
Supervisors of Polk Township, Monroe County, Pennsylvania, and it
is hereby ordained and enacted pursuant to the above authority, as
follows:
This article shall be known and may be cited as the "Polk Township
Ordinance Adopting a 2015 Restated and Amended CJERP intergovernmental
Cooperative Implementation Agreement."
The Agreement entitled, "The Restated and Amended CJERP Intergovernmental
Cooperative Implementation Agreement for the Participating Municipalities
of: Chestnuthill, Jackson, Eldred, Ross and Polk Townships" (the "Agreement")
in substantially the form attached to this article as Exhibit "A"
and incorporated herein by reference,[1] with such changes, insertions and variations therein as
the officers of Polk Township, upon advice of the Solicitor of Polk
Township, shall approve, such approval to be conclusively evidenced
by the execution thereof, is hereby authorized, approved and adopted,
but shall only become binding and effective in accordance with its
terms if and when all of the Townships of Chestnuthill, Jackson, Eldred,
Ross and Polk, by appropriate official action, approve, adopt, authorize,
execute and deliver the same. The Chairman or Vice Chairman and the
Secretary or Assistant Secretary of the Board are hereby authorized
to execute duplicate, counter-part originals of the Agreement and
deliver the same to the other parties to the Agreement.
[1]
Editor's Note: Said Exhibit A is included as an attachment to this chapter.
The Board may by resolution adopt procedures and regulations
to implement the Agreement approved by this article, pursuant to the
Intergovernmental Cooperation Act.[1]
[1]
Editor's Note: See 53 Pa.C.S.A. § 2301 et seq.
The provisions of this article are severable. If any sentence,
clause, section or part of this article is for any reason found to
be unconstitutional, illegal or invalid, such unconstitutionality,
illegality or invalidity shall not affect or impair any remaining
provisions, sentences, clauses, sections or parts of this article.
It is hereby declared as the legislative intent of the Board that
such remainder shall be, and shall remain, in full force and effect.
