[HISTORY: Adopted by the Borough Council of the Borough of Waynesboro as indicated in article histories. Amendments noted where applicable.]
Article I Membership in the Franklin County Council of Governments
Article II Pennsylvania Municipal Health Insurance Cooperative
[Adopted 6-15-2005 by Ord. No. 1028]
The municipality of the Borough of Waynesboro agrees to become a member of the Franklin County Council of Governments.
The bylaws of the Franklin County Council of Governments attached hereto and made a part hereof, which specify the organizational structure and other operational means of the Council of Governments, are hereby approved.
Editor's Note: The bylaws are on file in the Borough offices.
[Adopted 12-7-2005 by Ord. No. 1036]
The caption and Preamble of this article set forth above are incorporated herein by reference.
The Preamble of Ord. No. 1036 read as follows:
A. A number of political subdivisions within Franklin County, Pennsylvania, have investigated whether it would be mutually beneficial to cooperate with each other in obtaining employee benefit insurance.
B. A plan has been presented to establish both the Capital Region Insurance Trust (the "Trust") and the Pennsylvania Municipal Insurance Cooperative (PHMIC) for the purpose of collectively purchasing employee benefits insurance.
C. The Trusts will be established pursuant to an intergovernmental cooperation agreement entitled the Agreement and Declaration of Trust — Capital Region Insurance Trust ("the Agreement") and ("PHMIC Agreement"), respectively — also referred to as "the Agreements" herein.
D. Pursuant to the Pennsylvania Intergovernmental Cooperation Act, 53 Pa. C.S. Sec. 481 et seq., a municipality may enter into an intergovernmental cooperation agreement upon the passage of an ordinance by its governing body.
NOW, THEREFORE, BE IT ENACTED AND ORDAINED by the Borough Council (the "governing body") of the Borough of Waynesboro, Franklin County, Pennsylvania (the "Political Subdivision"), as follows:
This political subdivision hereby approves entering into the Agreements, copies of which are attached hereto and incorporated herein by reference (and which shall be filed with the minutes of the meeting at which this article was enacted), with the intent and effect that this political subdivision shall be bound by the aforementioned Agreements.
The President or Vice President of the governing body, acting alone or together with the Secretary or Assistant Secretary, are hereby authorized and directed on behalf of the political subdivision to (i) to execute and deliver the Agreements; (ii) execute and deliver such additional instruments; and (iii) to take such further actions as may be necessary or appropriate to carry forth the Agreements and the transactions to be effected under the Agreements, including payment to the Trust of such amounts as are due by the political subdivision pursuant to the Agreements.
All actions of any officer, agent or other representative of this political subdivision heretofore taken in the pursuit of the establishment of the Trust and PHMIC, and/or the political subdivision's participation therein, are hereby ratified and approved in all respects.
The governing body of the political subdivision 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 Agreements.
As required by the Pennsylvania Intergovernmental Cooperation Act, the following matters are specifically found and determined:
The conditions of the Agreements are set forth in the Agreements;
This political subdivision shall participate in the Trust and PHMIC for an initial term of three years. All renewal terms shall be as further set forth therein;
The purpose and objectives of the Agreements are as set forth in the Preamble of this article and in the Agreements;
The manner and extent of financing the Agreements are that (i) no borrowing will be required by the political subdivision; (ii) funds to implement the political subdivision's obligations under the Agreements shall come from normal and usual budgeting amounts for such matters; and (iii) other provisions governing the manner and extent of the financing of the Trust and PHMIC shall be as set forth in the Agreements;
The Trust and PHMIC shall be managed by their respective Boards of Trustees pursuant to the terms of the Agreements;
All property, real or personal, of the Trust and PHMIC, shall be acquired, managed, licensed or disposed of by the Trust and PHMIC in accordance with the terms of the Agreements; and
The Trust and PHMIC created by the Agreements shall be empowered to enter into contracts for policies of group insurance and employee benefits pursuant to the terms of the Agreements.
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.