[Adopted 2-27-1995 by Ord. No. 1995-5 (Part 2, Ch. 6, Art. J, of the 1976 Code of Ordinances)]
A. 
A number of political subdivisions within Lancaster County, Pennsylvania, have investigated whether it would be mutually beneficial to cooperate with each other in obtaining workers' compensation insurance.
B. 
A plan has been presented to establish the Susquehanna Municipal Trust (the "trust") for the purpose of:
(1) 
Seeking the prevention or lessening of claims due to injuries of employees of the trust's members; and
(2) 
Pooling workers' compensation and occupational disease insurance risks, reserves, claims and losses and providing self-insurance and reinsurance therefor.
C. 
The trust will be established pursuant to an intergovernmental agreement entitled the "Susquehanna Municipal Trust — Trust Agreement" (the "agreement").
D. 
Pursuant to the Pennsylvania Intergovernmental Cooperation Act, 53 P.S. § 481 et seq.,[1] a municipality may enter into an intergovernmental cooperation agreement upon the passage of an ordinance by its governing body.
[1]
Editor's Note: Former 53 P.S. § 481 et seq. was repealed 12-19-1996 (P.L. 1158, No. 177). See now 53 Pa.C.S.A. § 2301 et seq.
This political subdivision hereby approves entering into the agreement, a copy of which is attached as the official copy of this article and incorporated into this article by reference (and which shall be filed with the minutes of the meeting at which this article was enacted),[1] with the intent and effect that this political subdivision shall be bound by the agreement and shall join and participate in the trust; provided, however, that if the Pennsylvania Department of Labor and Industry (the "Department") requires any material changes to the agreement as a condition to the Department's approval of the trust, then the revised agreement shall again need the approval of this political subdivision, but no such additional approval shall be needed in the event of nonmaterial changes to the agreement as required by the Department.
[1]
Editor's Note: The agreement is on file in the Township offices.
The President or Vice President of the governing body, acting alone or together with the Manager-Secretary or Assistant Manager-Secretary, is hereby authorized and directed on behalf of the political subdivision:
A. 
To execute and deliver the agreement;
B. 
To execute and submit to the Department such documents and information (including, without limitation, any statements of intent to join the trust) as are necessary or appropriate in connection with the trust's application for approval by the Department; and
C. 
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 political subdivision pursuant to the agreement.
The political subdivision reserves the right to withdraw from the trust (and, upon such withdrawal, the actions and approvals as set forth above shall be void) if the approval of the trust by the Department is not obtained by June 30, 1996, so that the trust may become effective in accordance with the agreement.
All actions of any officer, agent or other representative of the political subdivision heretofore taken in the pursuit of the establishment of the trust 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, the following matters are specifically found and determined:
A. 
The conditions of the agreement are set forth in the agreement;
B. 
This political subdivision shall participate in the trust at least until December 31, 1997, 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 the Preamble of this article and in the agreement;[1]
[1]
Editor's Note: A complete copy of Ord. No. 1995-5, including the Preamble, is on file in the Township offices.
D. 
The manner and extent of financing the agreement are that:
(1) 
No borrowing will be required by the political subdivision;
(2) 
Funds to implement the political subdivision'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, including social security, pursuant to the terms of the agreement.
Nothing contained in this article shall be construed to affect any suit or proceeding pending in any court or any rights acquired or liability incurred or any cause of action existing prior to the enactment of this article.