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-