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HomeMy WebLinkAbout1984-05-14 84-199 RESOLVE84-199 lnticd,Ced by Co wilar Davis, My 14, 1984 CITY OF BANGOR (nTLF.) �B 1119y.,Authori zing _the...City. of. Bangnr__to_.EnrerS to.___...... . An Agreement to Establish. and Participate i the Peggbscpt _ "Valley Council of G ernments - Ry Be City Coyu4it Of City OfBau . RESOLVED, that the City of Bangor enter into an agreement to establish and participate in a Penobscot Valley Council of Governments, the powers and purposes of which would include those of the Penobscot Valley Regional Planning Commission, on such terms and conditions as the City Manager may dean appropriate; and, further, in the event of either the dissolution of the Penobscot Valley Regional Planning Commission or its consolidation with a Council of Governments, there shall be applied any funds appropriated for the Regional Planning Commission to the Council of Governments. IN CITY COUNCIL Mar 14, 1984 Passed Iry the following yes and no votes,CounCilowS voting yes: Browhi, Cox, Davis, rrankel, Jordan, NOCarthy, Tilley. and Willey. Councilor voting n Wh eler Deputy 3rity Clerk 84-199 EE50L V E '69 MY 10 P332 n Oh ✓ry�Jy cl RY Of IV 60R CITY CLERK Authorizing the City Of Bangor to enter Into An Agreement to Bctablieb and Participate in the Penobscot valley Council of Governments P4-199 CURTIS TNAXTER LIPEZ STEVENS BRODER & MICOLEAU FIRM OF THE NEW ENGLAND LAW AMEONE CANAL PNALA PORTIAND. MAINEPARTNERSHIP S Owl vm-vel x'_ THE NEW ENGLAND LAW PARTNERSHIP n ROWKER. SIEVES, PERKINS. MECSAS A GERRARD ONE FEDERAL LEAST. MI A MIND wnu.x e. wnnin HILL A... LAVERNE DOZEN OFAL OS ALLOW FALLEN VERMONT SA .111. 1 EASE, HE THOMAS I SALMON COTENNHAARVISTE, DELANO FALLS. AT 11111 VARIANTS. I I ANOTHER .. Axa.... vnmx MEMORANDUM TO: The Penobscot Valley Area Steering Committee for Council Of Governments FROM: Charles J. Micoleau, Esquire ar(VZ4 Z11 DATE: May 2, 19844' RE: Establishment of a Council of Governments Implementation of the Council of Governments (COG) would take three steps: (JI The process would be initiated by duly authorized officials from two or me government entities signing an agreement to establish COG. (2) The COG would be legally established by the filing of Articles of Incorporation. (31 The Penobscot Valley Regional Planning Commission and the COG would be merged through adoption at a plan Of consolidation and merger. Attached hereto are several documents. These are: Authorizing Resolutions; Agreement toEstablish Council of Governments; proposed Articles of Incorporation; and draft Bylaws. The Resolution establishes the authority for representative of the appropriate government to sign papers on its behalf. This would be adopted by each interested government entity. The Agreement to Establish Council of Governments is required by the authorizing, legislation. It must be executed by representatives of two or are governments.The language of the Agreement complies with the statutory requirements. In addition it sets forth the general description of the reasons for formation of the Council of Governments. M Y. AGREEMENT TO ESTABLISH COUNCIL OF GOVERNMENTS WHEREAS, the undersigned duly authorized representatives of municipal and county government entities are located within the Penobscot Valley Region of Maine; WHEREAS, as a result of their proximity the undersigned share many mutual concerns; - - WHEREAS, the undersigned desire to establish an organiza- tion to serve as a forum to identify and address regional chal- lenges and opportunities, provide organizational machinery to enable effective communication and coordination, serve to collect and exchange information, maintain effective liasons between the undersigned, and to undertake joint ventures, to benefit the region; WHEREAS, the undersigned desire to delegate certain powers to such an entity; WHEREAS, the laws of the State of Maine provide for the establishment of regional Councils of Government; WHEREAS, the undersigned recognize that such a council of governments may serve the above -referenced concerns, and WHEREAS, the duly authorized representatives .may be at different locations at the time of this Agreement is executed, F7 NOW WITNESSETH, THEREFORE, that the undersigned do estab- lish,a council of governments subject to the following terms and conditions: 1. Membership in the Council of Government shall be avail- able to -the Counties of Penobscot, Piscataquis and Waldo and any municipality within the Penobscot Valley Planning and Development District. 2. Said governments may appoint representatives to the Council of Government's central policy making unit as provided in the draft Bylaws of the Corporation which are attached hereto and incorporated by reference. 3. At least 50% of the representatives from each member government shall be officers of that government. 4. The Council of Governments shall take the form of a corporation. S. Members may withdraw by taking appropriate action in accordance with the draft Bylaws. 6. The organization may terminate at any time as provided in the draft Bylaws. ]. Member governments may be suspended as provided in the draft Bylaws. H. This Agreement may be evidenced by duplicate originals the signature of any one of which shall constitute a valid execu- tion. -2- IN WITNESS MENNEN, the undersigned see their hands and seals this day of May, 1984. WITNESS: 84-122-001 -3-