[HISTORY: Adopted by the Board of Commissioners
of the Township of Bethlehem as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-1-2002 by Ord. No. 4-02]
The Township of Bethlehem hereby agrees to intergovernmentally
cooperate with the Association of Municipal Subdivisions of the Township
of Forks, Township of Palmer, Township of Williams, Township of Lower
Nazareth, Borough of West Easton, Borough of Wilson, City of Easton,
and County of Northampton, known as the "Two Rivers Council of Governments."
No function, power, or responsibility of the Township of Bethlehem
will be exercised through intergovernmental cooperation with other
member municipalities unless authorized and approved by Resolution
of the Board of Commissioners of the Township of Bethlehem.
[Amended 3-6-2006 by Ord. No. 01-06]
The Township of Bethlehem agrees to participate in the Two Rivers Council of Governments for an indefinite term and until such time as it withdraws therefrom in accordance with the provisions of § 36-11.
The Township of Bethlehem shall enter into an
agreement entitled "Two Rivers Council of Governments Joint Municipal
Agreement of Intergovernmental Cooperation Pursuant to Title 53 Pa.C.S.A.
§ 2303(B)," a copy of which is attached hereto and incorporated
herein by reference, with the intent and effect that the Township
of Bethlehem shall be bound by the agreement.
The President and Secretary of the Board of
Commissioners of the Township of Bethlehem are hereby authorized and
directed on behalf of the Township of Bethlehem to execute and deliver
the agreement.
The Board of Commissioners of the Township of
Bethlehem 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.
The purpose of the Association of Municipal
Subdivisions known as the "Two Rivers Council of Governments" is to
provide for the elected officials of the member municipalities a means
of frequent communication, education, and a vehicle for action in
solving regional problems. The Board of Commissioners of the Township
of Bethlehem hereby pledges its support of such purpose and further
agrees to jointly cooperate in the exercise or in the performance
of its respective governmental functions, power, and responsibilities.
This pledge of intergovernmental cooperation shall not, without further
amendment to this article, be construed as to delegate or transfer
any functions, powers, or responsibilities to another local government
or to the Two Rivers Council of Governments.
Each member shall pay the sum of $250 per year
as a membership fee. This sum shall be expended pursuant to the bylaws
of the Two Rivers Council of Governments.
A Board of Directors consisting of one member
from each of the respective member municipalities shall implement
the purpose and objectives of the attached agreement of intermunicipal
cooperation. The Board of Directors may adopt bylaws, which shall
be ratified by resolution of each member municipality. The Two Rivers
Council of Governments Board of Directors shall not take any action
in furtherance of intermunicipal cooperation without the unanimous
approval of all member municipalities by written resolution of each
and every of their respective governing bodies.
The Two Rivers Council of Governments shall
not acquire real or personal property without the unanimous consent
of all member municipalities by written resolution of each and every
of their respective governing bodies.
The Two Rivers Council of Governments shall
not be empowered to enter into contracts for policies of group insurance,
employee benefits, including social security, and shall not employ
full or part-time employees without the unanimous consent of all member
municipalities by written resolution of each and every of their respective
governing bodies.
[Amended 3-6-2006 by Ord. No. 01-06]
The Township of Bethlehem may withdraw from
the Two Rivers Council of Governments by giving 30 days prior written
notice to each member municipality and by repealing this article.
[Adopted 12-6-2004 by Ord. No. 08-04]
The caption and preamble of this article set
forth above are incorporated herein by reference.[1]
[1]
Editor's Note: The caption of Ord. No. 08-04 read as follows:
AN ORDINANCE AUTHORIZING BETHLEHEM TOWNSHIP, NORTHAMPTON COUNTY,
PENNSYLVANIA, TO JOIN WITH OTHER POLITICAL SUBDIVISIONS AS A MEMBER
OF THE PENNSYLVANIA MUNICIPAL HEALTH INSURANCE COOPERATIVE (PMHIC),
TO ENTER INTO AN INTERGOVERNMENTAL COOPERATION AGREEMENT FOR THE PURPOSE
OF JOINING THE PMHIC AND TO PARTICIPATE AS A MEMBER OF THE PMHIC
The preamble of Ord. No. 08-04 read as follows:
PREAMBLE
A number of political subdivisions within central Pennsylvania
have investigated whether it would be mutually beneficial to cooperate
with each other in obtaining employee benefit insurance
A plan has been presented to establish the Pennsylvania Municipal
Health Insurance Cooperative (the "PMHIC") for the purpose of collectively
purchasing employee benefits insurance.
The PMHIC will be established pursuant to an intergovernmental
cooperation agreement entitled "The Pennsylvania Municipal Health
Insurance Cooperative Agreement" ("the Agreement").
Pursuant to the Pennsylvania Intergovernmental Cooperation
Act, 53 Pa.C.S.A. § 481 et seq., a municipality may enter
into an intergovernmental cooperation agreement upon the passage of
an ordinance by its governing body.
This political subdivision 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), with the intent and
effect that this political subdivision shall be bound by the agreement.
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 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 PMHIC
of such amounts as are due by the political subdivision pursuant to
the agreement.
All actions of any officer, agent or other representative
of this political subdivision heretofore taken in the pursuit of the
establishment of the PMHIC 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
agreement.
As required by the Pennsylvania Intergovernmental
Cooperation Act,[1] the following matters are specifically found and determined:
A.Â
The conditions of the agreement are set forth in the
agreement.
B.Â
This political subdivision shall participate in the
PMHIC for an initial term of three years. All renewal terms shall
be as further set forth therein.
C.Â
The purpose and objectives of the agreement are as
set forth in the preamble of this article and in the agreement.
D.Â
The manner and extent of financing the agreement are
that:
(1)Â
No
borrowing will be required by the political subdivision;
(2)Â
Funds
to implement the political subdivision's obligations under the agreement
same shall come from normal and usual budgeted amounts for such matters;
and
(3)Â
Other
provisions governing the manner and extent of the financing of the
PMHIC shall be as set forth in the agreement.
E.Â
The PMHIC shall be managed by its Board of Directors
pursuant to the terms of the agreement.
F.Â
All property, real or personal, of the PMHIC, shall
be acquired, managed, licensed or disposed of by the PMHIC in accordance
with the terms of the agreement.
G.Â
The PMHIC 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 containing 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.
