Borough of Carlisle, PA Article IV Susquehanna Municipal Trust

[Adopted 12-14-2005 by Ord. No. 2045, approved 12-14-2005[1]]

[1] Editor's Note: This ordinance also repealed Ord. No. 1754, entitled "An Ordinance Authorizing the Participation of the Borough of Carlisle in the Penn Prime Workers Compensation Trust, which ordinance was not included in the Code."

§ 31-23 Caption.

The caption of this article is set forth above and incorporated herein.

§ 31-24 Approval to enter agreement; filing of agreement.

This Borough hereby approves entering into the Susquehanna Municipal Trust (for purposes of this article, "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 the ordinance establishing this article was enacted),[1] with the intent and effect that the Borough shall be bound by the agreement and shall join and participate in the Trust.

[1] Editor's Note: Said agreement is on file in the Borough offices.

§ 31-25 Implementation of agreement.

The Council President or Council Vice President, acting alone or together with the Secretary or Assistant Secretary, is hereby authorized and directed on behalf of the Borough to execute and deliver the agreement, and 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 to the Trust of such amounts as are due by the Borough pursuant to the agreement.

§ 31-26 Ratification of prior actions.

All actions of any officer, agent or other representative of this Borough heretofore taken in the pursuit of the establishment of the agreement and/or the Borough's participation in the Trust, are hereby ratified and approved in all respects.

§ 31-27 Authorization of further action.

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.

§ 31-28 Legislative findings.

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 at least until December 31, 2007, and the term of the agreement, including all renewal terms, shall be as further set forth therein;

C. The purpose and objectives of the agreement are as set forth in 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 own Plan Committee and 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.

§ 31-29 Effect on prior provisions.

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.