[HISTORY: Adopted by the Council of the Borough of Punxsutawney as
indicated in article histories. Amendments noted where applicable.]
[Adopted 5-13-1991 by Ord. No. 961]
The Borough of Punxsutawney hereby expressly evidences its intent to
participate in the Municipal Drug Task Force activities in cooperation with
and at the request of the office of the Attorney General of the Commonwealth
of Pennsylvania for the purpose of interdicting the illegal use and trafficking
of narcotics and other illegal drugs within the Borough, as well as within
the boundaries of nearby communities.
This article is expressly enacted pursuant to the provisions of the
Intergovernmental Cooperation Act, Act of July 12, 1972, No. 180, 53 P.S.
§ 481 et seq.[1], for the purposes expressed herein and to thereby preserve the
safety and welfare of the community, the Borough Council of the Borough of
Punxsutawney expressly recognizing the adverse impact upon our society of
the use and trafficking in narcotics and other illegal drugs.
[1]
Editor's Note: See now 53 Pa.C.S.A. § 2301 et seq.
The Borough hereby adopts the Municipal Drug Task Force Agreement, with
Appendix, the provisions of which are hereby incorporated herein by reference,
and authorizes and ratifies the execution of such agreement, and this agreement
may include intergovernmental cooperative activities with adjacent or nearby
municipal governments as part of a regional effort to interdict illegal drug
activities.
The Borough of Punxsutawney shall utilize the services of its police
force, including full-time as well as part-time officers, under the conditions
set forth in said Municipal Drug Task Force Agreement and in compliance with
the Municipal Police Jurisdiction Act, 42 Pa.C.S.A. § 8953.
The Borough of Punxsutawney shall establish, pursuant to the terms of
said agreement, appropriate procedures to comply with all relevant provisions
of the agreement and relevant regulations, direction and guidance from the
office of the Attorney General of the Commonwealth of Pennsylvania.
The term of said agreement shall commence as set forth in its body and
shall continue until such time as terminated at any time by the giving of
30 days' prior written notice to the other parties to said agreement.
The purpose and objectives of the agreement include region-wide coordination
of municipal police activities in an effort to combat illegal narcotics and
drug trafficking.
Said agreement shall be financed with the assistance of funds supplied
by the office of the Attorney General of the Commonwealth of Pennsylvania.
The organizational structure necessary to implement the terms of said
agreement shall be covered by directives, procedures and guidance from the
office of the Attorney General and other area police departments.
All property, real or personal, acquired, managed or disposed of pursuant
to said agreement shall be in accordance with both the terms of the agreement
as well as the directives, procedures and guidance of the office of the Attorney
General.
The Borough of Punxsutawney shall retain responsibility for the management,
control and direction of its employees with the assistance, financial or otherwise,
from the office of the Attorney General of the Commonwealth of Pennsylvania.
[Adopted 5-12-1995 by Ord. No. 985]
The Borough of Punxsutawney is hereby authorized to execute the Penn
PRIME Workers' Compensation Trust Agreement (or member participation
agreement), which trust agreement provides for the participation of the Borough
of Punxsutawney, in cooperation with other Pennsylvania municipalities and
local public agencies, in the Penn PRIME Workers' Compensation Trust.
The trust agreement, which specifies the organizational structure necessary
to implement the program, is on file for inspection and review at the offices
of the Pennsylvania League of Cities and Municipalities, 414 North 2nd Street,
Harrisburg, Pennsylvania 17101, and is incorporated herein by reference. The
agreement may be amended after the enactment of this article by a majority
vote of all the Trustees, subject to the provisions of Article 8 of the trust
agreement.
The participation of the Borough of Punxsutawney in the Penn PRIME Workers'
Compensation Trust is authorized for the purposes of enabling the Borough
of Punxsutawney to ultimately reduce and stabilize the cost of its workers'
compensation and occupational disease obligations through the creation of
a joint fund to be used for the payment of workers' compensation, occupational
disease and employer's liability claims on behalf of all participants
in the Penn PRIME Workers' Compensation Trust.
As set forth in the Penn PRIME Workers' Compensation Trust Agreement,
the following conditions, among others as set forth in the trust agreement,
apply to the participation of the Borough of Punxsutawney in the Penn PRIME
Workers' Compensation Trust:
A.
That each participating municipality meets the admission
and eligibility requirements set forth therein.
B.
That each participating municipality agrees to pay all
of its annual contributions and any assessments which are required for the
creation and maintenance of the general operating and restricted surplus funds
created pursuant to the Penn PRIME Workers' Compensation Trust, and that
each agrees to be jointly and severally responsible for the obligation of
each and every other party to the trust agreement to discharge the liabilities
arising under the Pennsylvania Workers' Compensation Act[1] and the Pennsylvania Occupational Disease Act.[2]
C.
That each participating municipality comply with the
terms of the trust agreement as respects contributions, required loss prevention
methods, cooperation with the trust service and fiscal agents, attorneys,
claims adjustors, etc., and that each participating municipality comply with
all applicable statutes and regulations governing the payment of workers'
compensation claims, including, but not limited to, the Pennsylvania Workers'
Compensation Act and the Pennsylvania Occupational Disease Act.
The Borough of Punxsutawney agrees to participate in the trust for a
minimum period of two years.
Each participating municipality delegates to the Trustees of the Penn
PRIME Workers' Compensation Trust the powers enumerated in the trust
agreement, including the right to expel participants under certain conditions.
The terms of the trust agreement govern the manner in which property shall
be acquired, managed, licensed or disposed of. The trust shall be empowered
to enter into contracts for policies of group insurance and employee benefits,
including social security for its employees.
As a condition of participating in the Penn PRIME Workers' Compensation
Trust, the Borough of Punxsutawney agrees to:
A.
Pay all annual contributions or assessments as may be
required by the Trustees.
B.
Designate a contact person for the purpose of communicating
with the trust or its representatives.
C.
Perform all covenants contained in the Penn PRIME Workers'
Compensation Trust Agreement and delegate to the Trustees the powers and authority
enumerated in that agreement.
