[Adopted 2-10-2003 by Ord. No. 684]
The City Council of the City of Pottsville hereby agrees to join with
other local government units as a member of the Pennsylvania Intergovernmental
Risk Management Association (the “Association”) for the purpose
of entering into an intergovernmental contract to form a local government
risk pool, to provide for joint or cooperative action by members relative
to their financial and administrative resources for the purpose of providing
risk management services and risk-sharing facilities to the members and to
the members’ employees, and to defend and protect, in accordance with
this agreement, any member of the pool against liability as outlined in the
appendix to the intergovernmental contract.
The Association was formed in accordance with the authorization contained
in the Intergovernmental Cooperation Act (1972 P.L. 762 No. 180), initially
by the Borough of Bath and Township of Moore; and the Intergovernmental Cooperation
Act provides that any joining cooperation agreement shall be deemed in force
as to any municipality, when the same has been adopted by ordinance by all
cooperating municipalities.
A.
The City of Pottsville shall join with other municipalities
in accordance with the Pennsylvania Intergovernmental Cooperation Act by becoming
a member of the Association and entering into the intergovernmental contract
which was adopted by reference with the same effect as if it had been set
out verbatim in this paragraph and a copy of which shall be filed with the
minutes of the meeting at which this ordinance was adopted.
B.
The City of Pottsville is authorized to enter into the
intergovernmental contract for the purposes contained therein, as well as
any amendments or modification thereto as the same may be required from time
to time. These actions are to be taken by the member(s) or employee(s) of
this municipality designated for this purpose, pursuant to general or specific
instructions by the governing body adopting this ordinance.
C.
The Association is designated as having official custody
of the City’s funds which are invested by the Association pursuant to
the terms of the intergovernmental contract.
D.
As required by the Intergovernmental Cooperation Act,
the following matters are specifically found and determined:
(1)
The conditions of the agreement are set forth in the
intergovernmental contract referred to in Paragraph A;
(2)
The City of Pottsville’s participation in the Association
shall be terminable at any time by ordinance;
(3)
The purposes and objectives of the agreement are set
forth hereinabove and the intergovernmental contract and actions contemplated
thereby and purposes and objectives contained therein are otherwise legal
as part of a pooled arrangement with other governmental units, thereby achieving
economic and other advantages of intergovernmental cooperation;
(4)
It is not necessary to finance the agreement authorized
herein from municipal funds except through the contribution of this municipality’s
basis rate (as such term is defined in the intergovernmental contract) to
the Association;
(5)
The Association shall be managed by a Board of Commissioners
or Executive Committee as set forth in the by-laws of said Association, a
copy of which has been provided for review in connection with the adoption
of this ordinance;
(6)
All property, real or personal, shall be acquired, managed,
or disposed of by the Association in accordance with the terms of the intergovernmental
contract.
E.
This ordinance shall become effective at the earliest
date permitted by law.
