[Adopted 7-12-2001 by Ord. No. 1952,
approved 7-12-2001]
The caption and preamble of this article set forth above are incorporated
herein by reference.[1]
[1]
Editor's Note: The original preamble of this ordinance provided as
follows:
"A. A number of political subdivisions within Dauphin County, Pennsylvania,
effective October 1, 1996, joined together in a cooperative venture and established
the Capital Region Insurance Trust (the 'Trust') for the purpose of collectively
purchasing employee benefits insurance."
"B. Since its establishment, a number of political subdivisions, including
several in Cumberland County, Pennsylvania, have joined the Trust."
"C. The Trust was established pursuant to an intergovernmental cooperation
agreement entitled the Agreement and Declaration of Trust - Capital Region
Insurance Trust ('the Agreement')."
"D. Pursuant to the provisions of Chapter 23, Subchapter A, Intergovernmental
Cooperation, of the General Local Government Code, 53 Pa. C.S. § 2301
et seq. ('Intergovernmental Cooperation Law'), a municipality may enter into
an intergovernmental cooperation agreement upon the passage of an ordinance
by its governing body."
This Borough hereby approves entering into the agreement, a copy of
which is attached hereto and incorporated herein by reference (and which shall
be filed with the minutes of the meeting at which this article was enacted),[1] with the intent and effect that the Borough shall be bound by
the agreement.
[1]
Editor's Note: Said agreement is on file in the Borough offices.
The Council President or Council Vice President, acting alone or together
with the Secretary or Assistant Secretary, are 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 maybe necessary or appropriate to carry forth the agreement and
the transactions to be effected under the agreement, including payment to
the Trust of such amounts as are due by the Borough pursuant to the agreement.
All actions of any officer, agent or other representative of this Borough
heretofore taken in the pursuit of the establishment of the Trust and/or the
Borough's participation therein, are hereby ratified and approved in all respects.
The Carlisle Borough Council 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.
As required by the Pennsylvania Intergovernmental Cooperation Act,[1] the following matters are specifically found and determined:
A.
The conditions of the agreement are set forth in the
agreement;
B.
This Borough shall participate in the Trust for an initial
term of three years, and all renewal terms shall be as further set forth therein;
C.
The purpose and objectives of the agreement are as set
forth in the preamble of this article and in the agreement;
D.
The manner and extent of financing the agreement are
that:
(1)
No borrowing will be required by the Borough;
(2)
Funds to implement the Borough's obligations under the agreement
shall come from normal and usual budgeted amounts for such matters; and
(3)
Other provisions governing the manner and extent of the financing
of the Trust shall be as set forth in the agreement;
E.
The Trust shall be managed by its Board of Trustees pursuant
to the terms of the agreement;
F.
All property, real or personal, of the Trust shall be
acquired, managed, licensed or disposed of by the Trust in accordance with
the terms of the agreement; and
G.
The Trust created by the agreement shall be empowered
to enter into contracts for policies of group insurance and employee benefits
pursuant to the terms of the agreement.
[1]
Editor's Note: See 53 Pa.C.S.A. § 2301 et seq.
Nothing contained in this article shall be construed to affect any suit
or proceeding in any court, or any rights acquired or liability incurred,
or any cause of action existing prior to the enactment of this article.
